Sonkunwar & ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1711 of 2020

1. Sonkunwar, D/o Shri Govardhan Sidar Aged About 36 Years Caste Gond R/o Village Kachanda, Police Station Nagarada , Tahsil Sakti , Civil And Revenue District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

2. Ku. Maheshwari D/o Shri Chain Singh Aged About 23 Years Caste Gond , R/o Village Kachanda, Police Station Nagarada , Tahsil Sakti , Civil And Revenue District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Jeetan Bai W/o Shri Rajaram (Wrongly Mentioned D/o Rajaram) Aged About 35 Years Caste Gond, R/o Village Kachanda, Police Station Nagarada , Tahsil Sakti , Civil And Revenue District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Radha Bai W/o Shri Lain Singh Sidar Aged About 50 Years Caste Gond, R/o Village Kachanda, Police Station Nagarada , Tahsil Sakti , Civil And Revenue District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The District Magistrate Janjgir, Civil And Revenue District Janjgir Champa Chhattisgarh., District : JanjgirChampa, Chhattisgarh ---- Respondent For Applicant : Mr. Parasmani Shriwas, Advocate For State/respondent : Mrs. Hamida Siddiqui, Dy. Adv. General.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/05/2020

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime

No.09/2020 registered at Police-Station-Nagarada, District-JanjgirChampa(C.G.) for the offence punishable under Sections 147, 341, 294, 506, 307, 323 of Indian Penal Code.

2. It is submitted by the learned counsel for the applicants, that the applicants have been falsely implicated in this case. There is no material present to hold a case under Section 307 of IPC against the applicants. The applicants are in jail since 4.2.2020 and charge-sheet has also been filed, hence, it is prayed that applicants may be granted regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

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

5. According to prosecution case, on the date of incident when the complainant and the others where on their way to village-Kachanda, they were accosted by applicants. The applicants formed an unlawful assembly on the road then abused, threatened and also assaulted the victim with hands, fists and belt and sleepers causing injuries to them regarding which FIR has been lodged.

6. After considering the facts and circumstances of the case, I feel inclined to allow the bail application of these applicants.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a 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. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha