Jageshwar Say Paikra And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3297 of 2015

1. Jageshwar Say Paikra s/o. Ujitram aged about 47 years.

2. Grahan Say Paikra, s/o. Ujit Ram aged about 37 years. Both are by caste - Kanwar, r/o. Village Madhuwan, Thana Bagbahar, Police Outpost -Kotba, Civil & Revenue District Jashpur (CG). ---- Applicants

Versus

• State Of Chhattisgarh Through: the Station House Officer, Police Station Bagbahar, Police Outpost - Kotba, Civil & Revenue District Jashpur (CG). ---- Respondent For Applicants :

Mr. Sumit Shrivasteava, Advocate.

For Respondent/State :

Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/7/2015 1.

The applicants have moved this application under Section 439 of the Cr.P.C. for grant of regular bail, who have been arrested on 31-5-2015 in connection with Crime No. 84 of 2015 registered at Police Station Bagbahar, Police Outpost -Kotba, District Jashpur (CG), for the offence punishable under Sections 294, 506-II, 427 & 458/34 of IPC. 2.

The case of the prosecution, in brief, is that the present applicants are alleged to have entered into the house of complainant Pyarelal Bhagat with preparation for hurt, abused him and also damaged his property and thereby committed the aforesaid offence.

3.

Learned counsel appearing for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated in the case. He would further submit that the charge-sheet has been filed, they are in jail since 31-5-2015 and no useful purpose would be served by detaining them in jail, therefore, they may be released on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6. Taking into consideration all the facts and circumstances of the case, nature and gravity of the offence, material available on record, chargesheet has been filed and pre-trial detention of the applicants, I am of the considered opinion that prima facie it is a fit case where the applicants can be released on bail.

7. Accordingly, the application is allowed. It is ordered that the applicants Jageshwar Say Paikra and Grahan Say Paikra shall be released on bail on each of them furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. They shall appear before the trial court on each and every date given to them by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Raju