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High Court Of ChhattisgarhMCRC/2373/2019allowed

Chandragopal Yadaw v. State Of Chhattisgarh

2019-06-26Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2373 of 2019 Chandragopal Yadaw S/o Bharatgopal Aged About 22 Years R/o Village Barhaguda, Police Station- Chandrapur, District- JanjgirChampa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station- Chandrapur, DistrictJanjgir-Champa, Chhattisgarh. ---- Respondent AND MCRC No. 3921 of 2019 Rishi Chouhan S/o Mahettar Aged About 30 Years R/o Village - Barhaguda, Police Station Chandrapur, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Chandrapur, District Janjgir Champa Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant (In MCRC No.2373/2019) : Mr. Anand Kesharwani, Advocate. For Applicant (In MCRC No.3921/2019) : Mr. Ishwar Jaiswal, Advocate. For Respondent/State : Ms. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 26/06/2019

1. Heard.

2. Since both the cases arise out of same Crime Number, therefore they are being disposed of by this common order.

3. The Applicants have preferred their first bail applications under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 29/2018, registered at Police Station -

Chandrapur, District-Janjgir-Champa (C.G.) for the offence punishable under Sections 457, 436, 34 of IPC.

4. As per the prosecution story, one Manhish Kumar Agrawal is the owner of the shop Krishna Traders situated at Chandrapur. On 02.02.2019 he lodged a report alleging therein that on the intervening night of 01.02.2019 some unknown persons entered in his shop and set ablaze his shop on fire. Allegedly, both the present Applicants were involved in crime-in-question. On the basis of the said, offence has been registered and both the Applicants were arrested on 04.02.2019.

5. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. The Applicants are in custody since 04.02.2019, charge sheet has been filed and trial is likely to take some time. Therefore, they may be released on bail.

6. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

7. I have heard learned Counsel for the parties and perused the case diary with due care.

8. Considering the facts and circumstances of the case, particularly considering the fact that the Applicants are in custody since 04.02.2019 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicants on bail.

9. Accordingly, the bail application is allowed. 10.

It is directed that the Applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for their appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Saurabh