Narendra Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 1816 Chatt

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                                   Cr.A. No. 679 of 2021



                                                                               NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR

                      (Proceedings through Video Conferencing)
                            Criminal Appeal No. 679 of 2021
      Narendra Sahu S/o- Pitamber Sahu aged about 30 years, R/o-
       Jarhanavagaon, P.S.- Singhanpuri Jungle, District- Kabirdham (C.G.)
                                                                      ---- Appellant
                                     Versus
      State of Chhattisgarh, Through Arakshi Kendra, Singhanpuri Jungle, District
       Kabirdham (C.G.)
                                                             ----State/Respondent

  For Appellant                :   Shri Ajit Singh, Advocate
  For Respondent /State        :   Shri Anand Verma, Deputy Government Advocate

                   Hon'ble Shri Justice Gautam Chourdiya, J
                             Judgment on Board
17.08.2021

1. This appeal by the accused/appellant under Section 14A of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed

against the order dated 16.06.2021 passed by the Special Judge (Atrocities

Act) Kabirdham (C.G.) in Special Case No. 312/2021, rejecting his regular

bail under Section 439 Cr.P.C. The appellant is in jail since 02.04.2021 in

connection with Crime No. 21/2021 for the offence punishable under

Sections 302 & 201 of IPC and Section 3 (2) (v) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at

Police Station- Singhanpuri Jungle, District Kabirdham (C.G.).

2. As per the prosecution case, the appellant had kept the deceased as his

second wife and there used to frequent quarrel between them. On

01.04.2021 at about 12:00 in the night, the appellant committed murder of

the deceased by strangulation and buried her body near the brick kiln where

they were residing together.

3. Learned counsel for the appellant submits that the appellant has been

falsely implicated in this case. He further submits that the appellant has been

Cr.A. No. 679 of 2021

apprehended only on the basis of his memorandum, as there is no

eyewitness in the present case. He submits that on the date of incident, the

appellant was not present in the brick kiln and in fact some other person

buried the body of the deceased after committing her murder. He also

submits that the appellant is in jail since 02.04.2021, charge-sheet has been

filed and due to Covid-19 conclusion of the trial is likely to take some time.

Therefore, the appellant be released on bail.

4. Father of the deceased is connected through video conferencing from

District Legal Services Authority, Kabirdham (C.G.) and he has raised

objection to grant of bail to the appellant by this Court.

5. On the other hand, learned counsel for the State opposes the bail.

6. Considering the facts and circumstances of the case, considering the nature

of allegation made against the appellant, the material collected by the

Investigating Officer, that in his memorandum statement the appellant stated

that he was having affair with the deceased, on 01.04,2021 he committed

murder of deceased by strangulating with her scarf and buried her body near

brick kiln, the articles i.e. mattock and spade used for burying the dead body

of the deceased were seized from the possession of the appellant, that as

per postmortem report, cause of death of the deceased was asphyxia due to

strangulation and death was homicidal in nature, without commenting

anything on merits of the case, this Court is not inclined to release the

appellant on bail. The order impugned of the trial Court rejecting the

appellant's bail application does not suffer from any illegality or perversity.

Accordingly, the present appeal being without any substance is hereby

dismissed.

Sd/-

(Gautam Chourdiya) Judge vatti