NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 690 of 2022 • Smt. Sukri Bai W/o Late Devnarayan Singh Aged About 45 Years Caste-Rautiya, R/o Khutgaon, Sukbasupara, Police Station-

Farsabahar, District-Jashpur, Chhattisgarh ---- Petitioner Versus • State Of Chhattisgarh Through Station House OfÏcer, Police Station- Farsabahar, District- Jashpur, Chhattisgarh ---- Respondent For Applicant Mr. Manoj Chauhan, Advocate For Respondent/State Mr. Alok Nigam, Government Advocate SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order On Board

20/6/2022 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.27/2021 registered at Police Station Farsabahar, District Jashpur (CG) for the offence punishable under Sections 302, 201, 34, 120-B of the IPC.

3. The case of the prosecution is that the present applicant along with other co-accused persons were suspecting that deceased Kalamwati was performing witchcraft and has murdered the husband of the applicant. Hence, on suspicion, they all hatched a conspiracy and the present applicant and his son murdered Kalamwati by throttling in the house of one Nanduram. Thereafter, the dead body of the deceased was thrown with the help of other co-accused Pawan Singh and Palan Singh in the toilet and after some days, they buried the dead body. On the memorandum of co-accused Sevak Singh, the dead body was exhumed. Ramila Bai (PW-3) has also seen the incident and her statement under Section 164 of Cr.P.C. has been recorded, based upon which, the aforesaid offence has been registered.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The memorandum and seizure witnesses have not supported the case of the prosecution. Ramila Bai and her husband Nanduram, who are the material witnesses, have also turned hostile. The applicant is in jail since 27.6.2022. He submits that the other co- accused Pawan Singh and Palan Singh have been enlarged on bail by this Court vide order dated 27.10.2021 passed in MCRC No.6880/2021, therefore, the applicant may also be enlarged on bail.

5. On the other hand, learned counsel for the State opposes the bail application. He submits that Ramila Bai has categorically stated in her statement recorded under Section 164 of Cr.P.C. that the present applicant has actively participated in the crime in question and committed murder of the deceased. In her above statement, she has also apprehended about threatening by the accused persons. He submits that the case of the applicant is different from the co-accused, who have been granted bail by this Court. He draws attention of the Court to the statement of the husband of the deceased and submits that while deciding the bail application, close scrutiny of the evidence is not required, therefore, considering the gravity of the offence, the applicant may not be enlarged on bail.

6. Having considered the submissions of learned counsel for the parties and further considering the nature of allegations, even though the star witnesses have retracted from their earlier statements, and further considering the gravity of the offence, I am not inclined to release the applicant on regular bail.

7. The application is dismissed.

Sd/-

( Deepak Kumar Tiwari)

Judge Shyna