Dinesh Satnami And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1422 of 2019

1. Dinesh Satnami S/o Kejau Ram Satnami Aged About 25 Years

2. Rahul Baghel S/o Dilip Baghel Aged About 21 Years Both R/o Jalampur, Dhamtari, District Dhamtari Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Dhamtari, District Dhamtari Chhattisgarh ---- Respondents For applicant Mr. Anil Gulati, Adv.

For non-applicant/State Mr. Wasim Miyan, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 13-31. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 23/2019 registered in police station City Kotwali, Dhamtari, Distt. Dhamtari (CG) for offence punishable under Section 363, 354, 294, 323, 506, 34 of IPC.

3. Prosecution story in brief is that the prosecutrix is aged about 21 years. She is a resident of village Baliyapara. On 15-1-2019 near Post Graduate College, Dhamtari, the prosecutrix was pulled in a van. Coaccused Mohit alias Monulal Sahu and 2 other unknown persons were present inside the van. The applicant Dinesh Satnami had started van. During the investigation, the prosecutrix identified the applicant No. 2 as Rahul Baghel.

4. Counsel for the applicants argued that the applicants are innocent and have been falsely implicated hence they be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submitted that no criminal antecedent has been reported against applicants in the police case diary.

6. In the case in hand, co-accused Amar Kurre, Mohit alias Monulal Sahu have been granted bail by this Court vide order dated 20-2-2019

passed in MCRC No. 942/2019 and case of the applicants is not more severe to that of them.

7. In these circumstances, the application is allowed. It is ordered that if each of the applicants furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in any of the crime in future, they be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak