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2023 Supreme(Chh) 435

DEEPAK KUMAR TIWARI
Manish Mandal S/o Late Shri Uttam Mandal – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sunil Sahu.
For the Respondent: Vinod Tekam.

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

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