Keshav And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.1364 of 2016

1. Keshav S/o Rajaram Dewangan, aged about 33 years,

2. Tularam S/o Rajaram Dewangan, aged about 34 years, Both are resident of village Bhatgaon, Police Station: Rudri, Tahsil & Distt : Dhamtari (CG) ---Applicants

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station : Rudri, District : Dhamtari (CG) ---Non-applicant For Applicants :

Mr. Y.C.Sharma, Advocate For Non-applicant :

Mr. Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/03/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.146/2015, registered at Police Station-Rudri, District-Dhamtari (CG), for the offence punishable under Sections 294, 506B, 332, 186, 427/34 of the IPC and Section 3 (1) (10) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2.

Case of the prosecution, in brief, is that the applicants assaulted police party and deterred them from discharging their duty, also abused and threatened them and caused simple injuries and thereby committed the offence.

3.

Learned counsel for the applicants would submit that the

applicants have not committed any offence and they have falsely been implicated in crime in question. He would further submit that they are in jail since 29.11.2015 and charge-sheet has already been filed, therefore, they may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicants, their pre-trial detention and evidence available on record, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-