Rajurao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7290 of 2015

1. Rajurao S/o Narsingh Rao Aged About 21 Years R/o Banjari Nagar, P.S. - D. D. Nagar, Civil & Rev. Distt. - Raipur Chhattisgarh

2. Navin Verma S/o Bahur Singh Verma Aged About 20 Years R/o Banjari Nagar, P.S. - D. D. Nagar, Civil & Rev. Distt. - Raipur Chhattisgarh

3. Gopi Vishvakarma S/o Lallu Vishvakarma Aged About 20 Years R/o Banjari Nagar, P.S. - D. D. Nagar, Civil & Rev. Distt. - Raipur Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh Through : P. S. - D. D. Nagar, Distt. Raipur Chhattisgarh ---- Respondent For Applicants : Mr. Devershi Thakur, Advocate For Respondent/State : Mr. Anupam Dubey, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/01/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 225/2015, registered at Police Station - D.D. Nagar, District - Raipur (C.G.) for the offence punishable under Section 294,452,427,325, 506/34 of IPC . 2.

Case of the prosecution, in brief, is that on 08.11.2015, the applicants forcefully entered into the house of Raju, thereafter, assaulted Ankit Ojha and one Gyaneshwar and abused with filthy language. Thereby, the offence is committed.

3.

Learned counsel for the applicants would submit that the applicant are innocent and they have been falsely implicated in this case and all the injuries are simple in nature. He further submits that Raju was living in the same house therefore, these applicants cannot be said to enter forcefully into the house and considering the nature of injury and the offence, the applicants may be enlarged on bail. 4.

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

5.

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

6.

Having regard to the fact and the allegation levelled against the applicants and considering the gravity of offence and the manner in which the offence was committed and taking into account the fact that the charge-sheet has been filed in this case; and further the fact that the applicants are in jail since 10.11.2015, I am of the opinion that it is a fit case where the applicants can be released on bail. 7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Goutam Bhaduri) Judge Santosh