High Court Of ChhattisgarhMCRC/2553/2020allowed

Dilip Verma v. State Of Chhattisgarh

2020-05-12Hon'Ble Shri Justice Gautam Chourdiya3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2553 of 2020

1. Dilip Verma, S/o Shravan Verma, aged about 35 Years

2. Manish Singh, S/o Mr. Ramras Rajput, aged about 36 Years Both are R/o Village Gataparkala, Police Station and Tahsil Khairagarh, District Rajnandgaon, Chhattisgarh. ----Applicants

Versus

• State of Chhattisgarh Through the Police Station Khairagarh, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicants Mr. Shashank Thakur, Advocate.

For Respondent/State Ms. Sunita Jain, Dy. Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order in Chamber 12/05/2020

1. The applicants have preferred this application under Section 439 of Cr.P.C. as they are in jail since 21.04.2020 in connection with Crime No. 128/2020 registered in Police Station- Khairagarh, District Rajnandgaon, C.G. for the offence punishable under Sections 188, 269, 270, 271 read with 34 of IPC and Section 3 of the Disaster Management Act.

2. Allegation against the applicants is that they were home

quarantined for the period from 09.04.2020 to 22.04.2020 as per order of the State Government dated 11.04.2020 but they did not comply with the terms and conditions of the said order. A report to this effect being lodged by the complainant Block Medical Officer on 18.04.2020, offence under Sections 188, 269, 270, 271 read with 34 of IPC and Section 3 of the Disaster Management Act were registered against the applicants.

3. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in this case due to Panchayat Election rivalry. The applicants are in jail since 21.04.2020, the matter is listed under investigation and the trial is likely to take some time for conclusion.

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

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicants, the application is allowed. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.10,000/- with two sureties for the like amount to the satisfaction of the concerned trial Court, they shall be released on bail. They are directed to appear before the trial Court on each and every date given

to them by the said Court, till disposal of the trial.

6. It is made clear that the applicants shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench. Sd/- Gautam Chourdiya Judge Akhilesh