Raisingh And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1526 of 2018

1. Raisingh, S/o Halal Singh Ram, Aged about 40 years, By caste - Dhruv;

2. Dilip, S/o Johan Ram, Aged about 31 years, By Caste - Dhruv; Applicants No.1 & 2 are R/o Village Kallari, Police Station - Kallari, Tahsil - Nagari, District Dhamtari (C.G.)

3. Govind, S/o Late Sonau Ram, Aged about 35 years, By Caste Dhruv;

4. Yadwant, S/o Johan Ram, Aged about 28 years, By Caste - Dhruv; Applicants No.3 & 4 are R/o Jogi Birdo, Police Station - Kallari, Tahsil - Nagari, District Dhamtari (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Kallari, District Dhamtari (C.G.) ---- Non-applicant For Applicants :

Mr. Awadh Tripathi, Advocate.

For Non-applicant/State :

Mr. Anand Dadariya, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/04/18 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.03/2017 registered at Police Station Kallari, District Dhamtari (C.G.) for the offence punishable under Sections 147, 148, 149, 302, 342 of the IPC, Sections 25 & 27 of the Arms Act, Sections 10, 13, 16, 18, 20 of Unlawful Activities (Prevention) Act and Section 8 of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005. 2.

Case of the prosecution, in brief, is that the applicants along with

co-accused committed murder of the deceased and thereby committed the aforesaid offences.

3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and have been falsely implicated in crime in question, the applicants are in jail since 28-09-2017 and no useful purpose will be served by detaining them in jail, therefore, they may be released on regular 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 and circumstances of the case, further taking into consideration the nature and gravity of the offence and the manner in which the offence is said to have been committed by the applicants, this Court is not inclined to extend the benefit of regular bail to the applicants.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected. However, the Trial Court concerned is directed to expedite the trial.

Sd/- (Sanjay K. Agrawal) Judge Kvr