RAVINDRA MINJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant/juvenile, who has been arrested in connection with Crime No. 63/2006, registered at Police Station, Baikunthpur, District Koria for the offence punishable under Sections 302 and 201 of the IPC.

(2.) The brief facts are that this applicant, who is a juvenile offender, co-accused namely Bhunesh and the deceased namely Santara Bai, who is the wife of co-accused-Bhunesh, were travelling on a motorcycle. In fact, they were returning back from the parents' place of the deceased-Santara Bai. The allegations are that in the way, the co-accused pressed the mouth and neck of the deceased with the help of Gumchha/hands and ultimately, the deceased became unconscious. The deceased was taken to the hospital, but the hospital was closed. It is stated that the deceased died without getting any treatment. In the post-mortem report, it comes that the cause of death was asphyxia due to blockage of respiratory tube.

(3.) Learned Counsel for the applicant/juvenile submits that the allegations against the present applicant is that he was driving the motorcycle and there is no allegation that he participated in pressing the mouth or neck of the deceased. He also submits that at the most, an offence under Section 201 of the IPC would be made out against this applicant/juvenile. He further submits that the Court below, without recording any reason, dismissed the application of this applicant/juvenile by only saying that if the juvenile is released on bail, it would defeat the ends of justice. He prays for releasing the applicant on bail.