Shreekumar & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 589 of 2020

1. Shreekumar, S/o Sudhan Korwa, Aged About 25 Years, R/o Vishunpur, Police Station- Ramchandrepur, District- BalrampurRamanujganj, Chhattisgarh.

2. Kapildev Kodaku, S/o Ramavatar Kodaku, Aged About 35 Years, R/o Vishunpur, Police Station- Ramchandrepur, District- BalrampurRamanujganj, Chhattisgarh.

3. Rajkumar Korwa, S/o Sagar Korwa, Aged About 30 Years, R/o Vishunpur, Police Station- Ramchandrepur, District- BalrampurRamanujganj, Chhattisgarh.

4. Ramdev, S/o Harawan Korwa, Aged About 28 Years, R/o Vishunpur, Police Station- Ramchandrepur, District- Balrampur-Ramanujganj, Chhattisgarh.

5. Sitaram, S/o Jitu Ram, Aged About 81 Years, R/o Vishunpur, Police StationRamchandrepur, DistrictBalrampur-Ramanujganj, Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through Police Station- Ramchandrapur DistrictBalrampur-Ramanujganj, Chhattisgarh. ---- Respondent For Applicants : Mr. Vikas Pandey, Adv.

For Respondent/State : Mr. Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.03.2020

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. 49/2019 registered at Police Station- Ramchandrapur District- BalrampurRamanujganj, (C.G.) for the offence punishable under Sections 147, 306 of I.P.C.

2. The prosecution story, in brief is that, on 19.07.2019, Panchayat made an allegation against the deceased stating that he made an

illegal relationship with woman and directed him to pay a fine of Rs. 1,051/-, but deceased denied the same. Thereafter, applicants assaulted the deceased. On 20.07.2019, the deceased committed suicide by hanging himself. Thereafter, 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 the applicants namely Shreekumar, Kapildev Kodaku, Rajkumar Korwa and Ramdev are in jail since 20.11.2019 and the applicant namely Sitaram is in jail since 19.11.2019, 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, and further considering the detention period of the applicants 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 Ruchi