Surjeet Soni And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2019 of 2019 Atul Das Mahant S/o Amir Das Mahant Aged About 26 Years R/o Budhwari Bajar, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Dipika, District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent MCRC No. 2095 of 2019

1. Surjeet Soni S/o Balkrishna Soni Aged About 33 Years R/o Hardibazar, Tahsil Hardibazar, Disrtict- Korba, CG

2. Jainendra Kurre S/o Vyasnarayan Aged About 28 Years R/o VillageGodhi, Tahsil Korba, District- Korba, CG

3. Dilip Miri S/o Chhatram Aged About 30 Years R/o Village Manikpur, Tahsil Korba, Disrtict- Korba, CG ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer Police Station Dipika, District- Korba, CG ---- Respondent For applicant in MCRC 2019/2019 Mr. Awadh Tripathi, Adv.

For applicants in MCRC 2095/2019 Mr. Rajat Agrawal, Adv.

For non-applicant/State Mrs. M. Asha, PL.

For objector Mr. Alok Kumar Gupta, Adv.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 9-41. As both the above MCRCs arise out of the same crime number of same police station, they are being disposed of by this common order.

2. These are first bail applications under Section 439 of the Cr.P.C. preferred by the applicant before this Court and their no bail application is pending before any other court.

3. The applicants have been arrested in connection with Crime No. 42/2019 registered in police station Dipika, Distt. Korba (CG) for offence punishable under Section 294, 506, 153(a)(1)(a), 153(1)(B), 147, 149 and 303 of the IPC.

4. Prosecution story in brief is that the complainant Manoj Singh is PRO of ACB company. On 17-2-2019 at Dipika Chowk, in a public meeting

the applicants and co-accused persons gave speech threatening that the complainant, workers of Bihar, Haryana, and Punjab should leave that place. They also abused and threatened the outsiders specially Bihari, Marvadi, Haryanvi and Punjabi persons and complainant also. They also provoked the people for committing riots.

5. Counsel for the applicants argued that the applicants are innocent and have been falsely implicated hence they be released on bail.

6. On the other hand, the State Counsel opposed the bail applications. He further submits that against applicant Dilip Miri 3 criminal cases have been registered under IPC and against other applicants no criminal antecedent has been reported in the police case diary.

7. Counsel for the objector opposed the bail applications.

8. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if each of the applicants furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in any of the crimes in future, they be released on bail.

9. CC as per rules.

SD/- (Sharad Kumar Gupta) Judge Pathak