Manish Mandal S/o Late Shri Uttam Mandal v. State of Chhattisgarh
2023-07-12
DEEPAK KUMAR TIWARI
body2023
DigiLaw.ai
ORDER : 1. Heard. 2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 48/2020 registered at Police Station Bande, District North Baster Kanker (CG) for the offence punishable under Section 302 of the IPC. 3. Prosecution case, in brief, is that the present applicant is the husband of the deceased. After committing the murder of the deceased by throttling, the applicant hung her dead body on a fan with a Sari to make it look like she has committed suicide and also to conceal the evidence. Hence, the aforesaid offence has been registered. 4. Leaned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the deceased committed suicide by hanging herself in a Sari on the fan. He would further submits that against the applicant, an offence under Section 306 of the IPC would be made out and not an offence under Section 302 of the IPC. He submits that the applicant has been in jail since last more than 2 years and 7 months and the material witnesses have also been examined. Hence, learned counsel for the applicant prays to release the applicant on bail. 5. On the other hand, learned counsel for the State opposes the bail application. He submits that it is the husband of the deceased, who gave information with regard to commission of suicide by the deceased, however, in the Postmortem report, it has been categorically mentioned and also opined that the deceased was strangulated and the nature of death was ‘homicidal’. He would further submit that medical expert has not been examined, therefore, the present is not a fit case to enlarge the applicant on bail. 6. Having considered the submissions of learned counsel for the parties, particularity considering the nature of allegations, which are serious and the gravity of the offence, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application is dismissed.