Back
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1114 of 2022
1. Narayan Rathore S/o Fekan Prasad Rathore Aged About 36 Years R/o Dongiya Talab Mohalla, Makan No. 409/2 Portha, Thana- Shakti, District- Janjgir-Champa, Chhattisgarh, Current Address- Village- Sivani, Near Khamhiya Talab, District- Janjgir-
Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
2. Basant Rathore S/o Khao Ram Rathore Aged About 51 Years R/
o Village 340 Dongiya, Portha, Thana- Shakti, District- Janjgir-
Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicants Versus State Of Chhattisgarh Through- Station House Officer, P.S. Urga, District- Korba, Chhattisgarh, District : Korba, Chhattisgarh ---- Respondent For the Applicant/s :- Mr. Awadh Tripathi, Advocate For the State :- Mr. Alok Nigam, GA _______________________________________________________________
Hon'ble Shri Justice Deepak Kumar Tiwari,
['AWADH TRIPATHI', '', 'INDIRA TRIPATHI', 'Vivek kumar tripathi', 'SOUMITRA KESHARWANI', 'TREVENEE SHANKAR SAHU', 'SHUBHAM TRIPATHI', 'A G']
Order on Board
08.02.2022
1. The applicants have preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are in custody in connection with crime No. 503 of 2021 registered in Police Station Urga, District Korba, CG for offence punishable under Sections 302 and 120-B IPC.
2. The case of the prosecution in brief is that the deceased Khusboo Rani Rathore was married with Narayan Rathore on 10.05.2014 and she consumed poison on 02.09.2021 thereafter her husband and relative took her to District hospital Janjgir Champa and where on referral from there on 03.09.2021 she was hospitalized at Shri Nursing Home Janjgir Champa and there from also, due to none availability of the ventilator, she was referred again so the relatives took her to N.K.H hospital Champa but during transit, she died. It is further alleged that during the transit the accused persons committed murder of the Khushboo Rani Rathore by throttling.
3. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in this case. He further submits that the applicants are in jail since 10.10.2021. Police has recorded 161 statements very belatedly. Counsel for the applicant further submits that only to meet out medical opinion given on the query on 27.09.2021. The prosecution has developed the story of throttling and FIR has been registered on 10.10.2021, therefore, they may be enlarged on bail.
4. Per contra, learned State counsel opposes the bail application.
5. Considering the facts and circumstances of the case particularly, the nature of evidence that the father Ramratan was present during the treatment of the deceased, even in the FSL report, poison was found positive, further consideration upon statement of the Umesh Kumar Patel ward boy of Shri Nursing Home statement of the relatives which were recorded belatedly on 24.09.2021, without commenting anything on the merits and demerits of the case, this Court finds it to be a fit case for grant of regular bail.
6. Accordingly, the bail application is allowed and it is directed that on applicants furnishing a personal bond in the sum of Rs. 25,000/- with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail. They shall however, make their appearance before the concerned Court as and when so directed.
