Golu Satnami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1750 of 2018 Golu Satnami, S/o Late Shri Chhannu Lal, Aged about 19 years, R/o Atal Awas Sakri, Chowki Sakri, P.S. Chakarbhata, District Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Chowki Sakri, Police Station Chakarbhata, District Bilaspur (C.G.) ---- Non-applicant M.Cr.C. No. 2703 of 2018 Virendra Sarthi, S/o Shri Mannu Sarthi, Aged about 24 years, R/o Atal Awas Sakri Chowki Sakri, P.S. Chakarbhata, District Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Chowki Sakri, Police Station Chakarbhata, District Bilaspur (C.G.) ---- Non-applicant For Applicant(s) :

Mr. Dheerendra Pandey, Advocate.

For Non-applicant/State :

Mr. Avinash Singh, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/05/18 1.

Since the aforesaid bail applications filed by the applicant(s) are against the same Crime No.499/2017, they are being disposed of by this common order.

2.

These are the first bail applications 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.499/2017 registered at Police Station Chowki Sakri, P.S. Chakarbhata, District Bilaspur (C.G.) for the offence punishable under Sections 147, 148, 294, 506, 427, 452 of the Indian Penal Code and Section 3 of the Prevention of Public Property Damage Act, 1984.

3.

Case of the prosecution, in brief, is that the present applicants along with other co-accused persons entered into the liquor shop, armed with deadly weapons, threatened and abused the sales man and caused damage to the property in the liquor shop and thereby committed the aforesaid offence.

4.

Learned counsel for the applicants would submit that the applicants have not committed any offence and have been falsely implicated in crime in question, they are in jail since 24-10-2017 & 25-11-2017 respectively and charge-sheet has been filed. He would further submit that Co-accused persons have been released on bail by order of this Court dated 13-02-2018 in M.Cr.C. No.7669/2017, therefore, the applicants may be released on regular bail.

5.

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

6.

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

7.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and the

fact that co-accused persons have been released on bail by order of this Court dated 13-02-2018 in M.Cr.C. No.7669/2017, the applicants are in custody since 24-10-2017 & 25-11-2017 respectively, this Court is of the opinion that present is a fit case in which the applicants should be enlarged on regular bail.

8.

Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- 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 Kvr