Malikram And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2011 of 2019

1. Malikram, S/o late Rajaram, aged about 35 years.

2. Ajay Kumar, S/o late Rajaram, aged about 27 years.

3. Mukesh Kumar, S/o late Rajaram, aged about 24 years. Both are resident of village Gidhouri, P.S. Ratanpur, Tahsil and District Bilaspur (CG). ---- Applicants

Versus

State of Chhattisgarh, through Station House Officer, Police Station Ratanpur, District Bilaspur (CG). ---- Non-applicant For Applicants :

Mr. Suresh Kumar Verma, Advocate.

For Non-applicant :

Mr. Vinod Tekam and Mr.Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.04.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with Crime No.79/2019 registered at Police Station Ratanpur, District Bilaspur for the offence punishable under Sections 452, 354, 323, 324, 34 of Indian Penal Code.

3.

Case of the prosecution, in brief is that the complainant Shiv Kumar Banjare and two prosecutrix are the resident of village Gidhouri. On 12.03.2019 at about 9:00 a.m. to 10:00 a.m. at village Gidhouri, the applicants have entered in their house by breaking door. The applicants molested both the prosecutrix and snatched golden necklace from them. They also beat both the prosecutrix. As per MLC report of both the prosecutrix, simple injuries were found on their bodies.

4.

Counsel for the applicants submits that the applicants have not committed any offence. They are innocent and have been falsely implicated in the present case, therefore, they may be released on bail. 5.

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

however, he submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, the bail application is allowed. It is directed that if the applicants furnish two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs.50,000/- each to the satisfaction of the concerned Trial Court with the condition that they shall appear before the Trial Court at 11:00 am as and when directed till trial and they would co-operate during the trial, they shall be released on bail and they shall not involve any such type of crime in future. 7.

Certified copy as per rules.

SD/- (Sharad Kumar Gupta) JUDGE L/-