Teman Lalh And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1463 of 2019

1. Teman Lalh S/o Shri Anand Ram Sahu Aged About 35 Years R/o Village- Dotopar, Police Station- Gurur, District- Balod, Chhattisgarh

2. Hitesh Kumar S/o Shri Derha Ram Sahu Aged About 25 Years R/o VillageKolihamaar, Police Station- Gurur, District- Balod, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station- Gurur, District- Balod, Chhattisgarh ......Non Applicant For the Applicants :

Shri Avinash Chand Sahu, Advocate For Non Applicant :

Shri Apurv Goyal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.

03.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.7/2019 registered at Police Station- Gurur, District- Balod (C.G.) for the offence punishable under Sections 294, 506, 323, 354(?k) & 458, 324, 325/34 of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 13.01.2019 between 7:15 Pm to 8:45 Pm, applicant No.2 Hitesh Kumar followed prosecutrix aged about 24 years, gesticulated and abused complainant Devesh. Applicants entered in the house of prosecutrix, they abused her brother and beat him and gave threats to kill, his left side of canine teeth got fractured.

4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicant. 6.

Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if each applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7.

Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul