Vicky @ Vikram Ahuja v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 993 of 2019 • Vicky @ Vikram Ahuja S/o Shri Ghanshyam Das Ahuja Aged About 32 Years R/o Ward No. 16, Sindhi Camp, Tilda, Police Station Neora, District Raipur, Chhattisgarh.

---- Applicant

Versus

• The State of Chhattisgarh Through Police Station Tilda- Neora District Raipur Chhattisgarh.

---- Respondent AND MCRC No. 1055 of 2019 • Naresh @ Vicky Manglani S/o B. C. Manglani Aged About 32 Years R/o Ward No. 16, Sindhi Camp, Tilda, Police Station Neora, District Raipur, Chhattisgarh.

---- Applicant

Versus

• The State of Chhattisgarh Through Police Station Tilda Neora, District Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant (In MCRC No. 993/2019) : Shri D.K. Gwalre, Advocate. For Applicant (In MCRC No. 1055/2019) : Shri D.K. Gwalre, Advocate. For Respondent/State : Ms. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 26/02/2019

1. Heard.

2. Since both cases arise out of same Crime No., therefore, they are being disposed of by this common order.

3. The Applicants have preferred their first bail applications under

Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 427/2018, registered at Police Station - Tilda-Neora, District - Raipur, (C.G.) for the offence punishable under Sections 294, 147, 148, 307 read with 149 of IPC.

4. As per the prosecution story, on 28.11.2018 at about 9:15 pm, present Applicants alongwith other co-accused persons assaulted Vicky @ Vikas Sukhwani with the intention of committing his murder with iron rod and knife. He sustained grievous injuries and was admitted in the Hospital for about 13 days. On the basis of this, the matter has been reported and offence has been registered. The Applicants were taken into custody on 29.11.2018.

5. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case. They further submit that the Vicky @ Vikash Sukhwani only sustained two injuries on his body and out of these two injuries only one is on his stomach. He has been discharged from the Hospital now. They further submit that charge-sheet has been filed, Applicants are in jail since 29.11.2018 and trial will take time. Therefore, they may be released on bail.

6. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

7. I have heard learned Counsel for the parties and perused the case diary.

8. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicants are in custody since 29.11.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

9. Accordingly, the bail applications are allowed.

10. It is directed that the Applicants shall be released on bail on each of

them executing personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for their appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash