Laxmi @ Bade Guddu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2865 of 2015

1. Laxmi @ Bade Guddu S/o Dheersay, aged about 30 years,

2. Laxmi Sahis S/o Amirsay, aged about 28 years,

3. Dhaneshwar S/o Pawan Saw, aged about 26 years,

4. Parmeshwar S/o Dheersay, aged about 25 years, All are R/o Rautpara, Chhrikala, Thana-Katghora, Distt.Korba (CG) ---Applicants

Versus

State of Chhattisgarh Through: Police Station-Katghora, Distt.-Korba (CG) ---Non-applicant For Applicants :

Mr. Samir Singh, Advocate For Non-applicant :

Mr. S.R.J.Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/07/2015 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.146/2015, registered at Police Station-Katghora, Distt.Korba (CG), for the offence punishable under Sections 456, 294, 323 and 506/34 of the IPC. 2.

Case of the prosecution, in brief, is the applicants entered into the house of complainant Ramayan Bai and assaulted her by knife and wooden stick by which she suffered fracture and thereby committed the aforesaid offence.

3.

Learned counsel for the applicants would submit that applicants

have not committed any offence and have been falsely implicated in this case. In fact, the complainant and her sons were aggressors, the applicants have also suffered the injuries, they are in custody since 27.5.2015 and charge-sheet has already been filed, 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 offence; role of the present applicants in crime in question; their pre-detention and the fact that charge-sheet has also been filed, this Court is of the opinion that present is the 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 applicants Laxmi @ Bade Guddu, Laxmi Sahis, Dhaneshwar and Parmeshwar 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.

9.

Certified copy as per rules.

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