Badsesonu @ Ayata & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 465 of 2019
1. Badse Sonu @ Ayata S/o Badse Budhram Aged About 25 Years Profession - Agriculture Labour, R/o Village - Lingapur, Police Station Usoor, Tahsil - Usoor, District Bijapur Chhattisgarh
2. Badse Podiya S/o Badse Budhram Aged About 27 Years Profession - Agriculture Labour, R/o Village - Lingapur, Police Station Usoor, Tahisl - Usoor, District Bijapur Chhattisgarh
3. Budu Modiyam S/o Somlu, Aged About 33 Years Profession - Agriculture Labour, R/o Village - Dalla, Police Station Basaguda, Tahsil Usoor, District Bijapur Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Basaguda, Bijapur, District Bijapur Chhattisgarh ---- Respondent For applicants Ms. Madhunisha Singh, Adv.
For non-applicant/State Mr. Vinod Tekam, Panel Lawyer.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 6-21. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.
2. The applicants have been arrested in connection with Crime No. 8/2018 registered in police station Basaguda, Distt. Bijapur (CG) for offence punishable under Section 148, 294, 452/149, 506 Part 2, 323/149, 395 of IPC and Section 25(1-B)(A) of the Arms Act.
3. Prosecution story in brief is that complainant Mahesh Kumar Gatpalli is a resident of village Polampalli. On 17-6-2018 at about 13.30 hour, 30 persons including applicants having guns, wooden clubs, entered into his house. Out of 30 persons, some persons were members of a banned organization. They asked him that he is informant of police. They abused and beat him, gave threats and looted paddy, he-goat, tractor trolley, and motorcycle. The had also shown pistol to him.
4. Counsel for the applicants argued that the applicants are innocent and has been falsely implicated hence they be released on bail.
5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against
applicants in the police case diary.
6. Looking to the above facts and circumstances of the case, and as trial will take time, the application is allowed. It is ordered that if each of the applicants furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in any of the crime in future, they be released on bail.
7. CC as per rules.
Sd/- (Sharad Kumar Gupta) Judge Pathak