Vedprakash Chandrakar @ Ballu & ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 965 of 2020 • Ved Prakash Chandrakar @ Ballu, Aged about 20years, S/o. Raj Kumar • Vedram @ Chhotu, S/o. Raj Kumar Aged about 20 years Both R/o. Seeta Nagar, Raipur District Raipur Chhattisgarh. ---- Applicants
Versus
• State Of Chhattisgarh, Through Station House Officer, Police Station Kabir Nagar, District Raipur Chhattisgarh., ---- Respondent For Applicant : Shri C.P. Lahare, Advocate For Respondent /State : Shri Sudeep Agrawal, Dy. AG Hon'ble Smt. Justice Rajani Dubey Order On Board 10/08/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 234/2019 registered at police station Kabir Nagar, district Bilaspur (CG) for the offence punishable under Sections 302,201,120-B,34 IPC and Sections 25 and 27 of the Arms Act.
As per prosecution case, report was lodged by the complainant alleging that his son was found murdered near the transformer at his village. It is alleged that the report has been made against unknown person.
Counsel for the applicants submits that the applicants have been falsely implicated in the case. He submits that the applicants have been arrested on the basis of merg and that the witness to memorandum and seizure has turned hostile. He submits that the applicants are in jail since 19.08.2018; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants and the fact that they were not named in the FIR, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 25,000/- with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail.
It is made clear that if the applicants' have already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of
this Court, but if they have not furnished the bail bonds earlier, then they will be required to furnish bail bonds within four weeks' from today.
Sd/- (Rajani Dubey) Judge suguna