Ajeet Gayakwad And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.1549 of 2016

1. Ajeet Gayakwad S/o Dhaniram Gayakwad, aged about 25 years.

2. Jitendra Gayakwad S/o Dhaniram Gayakwad, aged about 27 years,

3. Tukesh Gayakwad S/o Lekhram Gayakwad, aged about 35 years. All are R/o Village Pendri, Police Station Suhela, Civil and Revenue District Baloda Bazar-Bhatapara (CG) ---Applicants

Versus

State of Chhattisgarh Through: Station House Officer, Police of Police Station-Suhela, District-Baloda Bazar-Bhatapara (CG) ---Non-applicant For Applicants :

Mr. V.C.Ottalwar with Mr.Anil Gulati, Advocates For Non-applicant :

Ms Ashtha Shukla, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 20/04/2016 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.142/2015, registered at Police Station-Suhela, District-Baloda BazarBhatapara (CG), for the offence punishable under Sections 294, 506B, 232, 436 read with Section 34 of the IPC.

2.

Case of the prosecution, in brief, is that the present applicants abused, threatened and burnt meat shop of complainant Tularam Ratre and also caused damage of 81,500/-.

₹ 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 amount of 81,500/- has been paid to the complainant on 8.6.2016 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, nature of dispute and the fact that charge-sheet has already been filed, 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.

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