Pitamber Rajak v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2178 of 2021 • Pitamber Rajak S/o Sahdev Rajak Aged About 22 Years R/o. Near Dhan Mandi Torwa Police Station Torwa Bilaspur Tahsil And District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through - The Police Station Torwa, District Bilaspur Chhattisgarh ---- Respondent MCRC No. 4205 of 2021 • Krishna Nishad S/o Nanki Ram Nishad (Kenvat) Aged About 20 Years R/o Patel Mohalla, Torwa, P.S. - Torwa, Distt. Bilaspur (Chhattisgarh) (Details Of The Fathers Name Not Mentioned Completely In The Order Sheet) ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. - S.H.O. Torwa, District Bilaspur (Chhattisgarh) ---- Respondent For Respective Applicants :

Shri Anil Gulati and Shri Satyendra Srivas, Advocates For Respondents/State :

Shri Ashish Tiwari, GA Hon'ble Shri Justice Goutam Bhaduri Order 13/07/20

1. Since both these bail applications are arising out of the same crime number, therefore, they are being heard and decided together 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 have been arrested on 10.11.2020 in connection with Crime No.265/2020 registered at Police Station Torwa, District Bilaspur (CG) for the offence punishable under Sections 294, 323, 324, 506, 327, 341 and 34 of I.P.C.

3. As per the prosecution case, on 20.08.2020 both the applicants demanded money from the complainant for liquor. Having refused, the complainant was assaulted by belt and club. Thereby the offence has been committed.

4. Learned counsel for the applicants submit that on the basis of the earlier memorandum in crime no.806/2020 the applicants have been arrested. They would further submit that the applicants have been falsely implicated and no incident has been committed by them, therefore, the applicants may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the fact that the charge-sheet in this case has been filed and also taking into the nature of allegations, I am inclined to release both the applicants on bail.

7. Accordingly, both the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

SD/-Sd/- Goutam Bhaduri Judge Ashu