Vikash Soni & Another v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1429 of 2021

1. Vikash Soni S/o Budhhu Lal Soni Aged About 26 Years By Caste Soni R/o Behind Court, Ward No. 11, Manendragarh Tahsil And Thana Manendragarh District Koriya Chhattisgarh

2. Abrar Ahmad S/o Shri Mahmood Ansari Aged About 26 Years By Caste Muslman, R/o Ward No. 10, Moauharpara, Manendragarh Tahsil And Thana Manendragarh District Koriya Chhattisgarh ---- Applicants

Versus

The State Of Chhattisgarh Through Police Station Manendragarh District Koriya Chhattisgarh ---Non-applicant For Applicants Shri Parag Kotecha, Advocate.

For State Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 21/05/2021

1. The matter is heard through Video Conferencing.

2. The applicants have preferred this application under Section 439 of Cr.P.C. as they have been arrested in connection with Crime No.21/2021 registered at Police Station- Manendragarh, District Koriya, C.G. for the offence punishable under Sections 294, 506, 307 & 34 of IPC and Sections 25 & 27 of Arms Act.

3. Allegation against the applicants is that they called the complainantSonu Kinner @ Sonu Singh, abused her filthily and tried to cause injury by gunshot.

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since

20.01.2021 and conclusion of trial is likely to take some time. Therefore, applicants be released on bail.

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

6. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, no objection filed by the victim/complainant, the fact that no injury found on the body of the complainant, the detention period of the applicants, who are 26 years old and the applicants have no criminal antecedents and there is no likelihood of the applicants tampering with the evidence or absconding as admitted by both the counsel and conclusion of trial may take some time, the application is allowed. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.

25,000/- each to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- (i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (iv) they shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench.

(v) they shall strictly follow the COVID-19 protocol issued by the Central Government/State Government/Local Authority. Sd/- Gautam Chourdiya (Vacation Judge) Ravi