Satpal Singh & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 261 of 2020

1. Satpal Singh S/o Mithu Singh Aged About 35 Years R/o Manjuke Nanak Nagri Basti, Tahsil Tapa, Police Station Padaud, District Barnala, Punjab.

2. Gurupreet Singh S/o Harvansh Singh Aged About 32 Years R/o Manjuke Nanak Nagri Basti, Tahsil Tapa, Police Station Padaud, District Barnala, Punjab.

3. Sukhchain Singh S/o Harvansh Singh Aged About 28 Years R/o Manjuke Nanak Nagri Basti, Tahsil Tapa, Police Station Padaud, District Barnala, Punjab.

4. Gurudev Singh S/o Ranjeet Singh Aged About 25 Years R/o Rauke Road Near Gurudwara, Police Station Nihalsingh Bala, District Moga, Punjab.

---- Applicants

Versus

• State Of Chhattisgarh, Through : Police Station Rajim, District Gariyaband, Chhattisgarh.

---- Respondent For Applicants :

Mr. Bharat Sharma, Adv.

For Respondent/State :

Mr. Vaibhav K. Agrawal, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 25/02/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 269/2019 registered at Police Station-Rajim, DistrictGariyaband (C.G.) for the offence punishable under Sections 294, 323, 307, 34 of the IPC.

2. The prosecution story, in brief is that, on 10.12.2019 at about 9:00 pm., when the complainant was shutting down his hotel at that time the applicants came near the hotel of complainant and started consuming alcohol. When the complainant tried to stop them the applicants started abusing the complainant and a quarrel took place between them. The

nephew of the complainant tried to interpret them and as a result of which the applicants had inflicted injuries with the iron rod. Based on this, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and the applicants are in jail since 11.12.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that the applicants are in jail since 11.12.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu