Bhupendra Verma v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1722 of 2020 • Bhupendra Verma S/o Shri Ashwin Verma Aged About 18 Years R/o Village Charoda, Police Station Dharsiwa, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Dharsiwa, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent & MCRC No. 1735 of 2020 • Naresh Nishad S/o Shri Basant Nishad Aged About 25 Years R/o Siltara, P. S. Dharsiwa, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through P. S. Dharsiwa, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Pragalbh Sharma, Advocate.

For Respondent/State :

Mr. H.S. Ahluwaliya, Dy. Adv. General.

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

1. Since the above bail applications arise out of the same crime number, 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 for grant of regular bail to the applicants who

Page No.2 have been arrested in connection with Crime No. 24/2020 registered at Police Station-Dharsiwa, District-Raipur(C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506, 307 r/w 34 of the Indian Penal Code (for short 'IPC').

3. Learned counsel for the applicants submits that the applicant has innocent and falsely implicated in this case. The applicants are in jail since 12.1.2020. these applicants had not assaulted the victim Rajkumar Mehto and neither they had participated in the incident. Hence, it is prayed that the applicants be granted regular bail.

4. Learned State counsel opposes the application and submissions made in this respect. It is submitted that the victim has given statement that this applicant had also participated in this incident and also that this applicant had furthered the common intention of assaulting the victim, hence, they are not entitled for grant of regular bail.

5. I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.

6. According to the prosecution case, on the date of incident because of some dispute the co-accused Satyam Verma assaulted the victim Rajkumar Mehto with a knife causing him penetrating injury in his chest and back. The applicants were present along with the main accused.

7. Considering the facts and circumstances of this case, I am of this view that this is a fit case where the application filed by the applicants can be allowed.

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

Page No.3 one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha