Vashisht Singh And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2482 of 2019

1. Ramcharan Yadav S/o Mahesh Prasad Yadav Aged About 31 Years, R/o Govind Nagar, Pandri, District : Raipur, Chhattisgarh

2. Anil Namdev S/o Brijwasi Namdev Aged About 21 Years R/o Govind Nagar, Pandri, Raipur, District Raipur Chhattisgarh.

3. Mahesh Jaiswal S/o Mahendra Prasad Jaiswal Aged About 22 Years R/o Govind Nagar, Pandri, Raipur, District Raipur Chhattisgarh.

4. Sanjay Kamar Roy S/o Brijmohan Roy Aged About 39 Years R/o Govind Nagar, Pandri, Raipur, District Raipur Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Civil Line, Raipur, District Raipur Chhattisgarh. ---- Respondent AND MCRC No. 2747 of 2019

1. Vashisht Singh S/o Mahajeet Singh Aged About 38 Years R/o R.D.A. Colony, Boriyakhurd, Tikrapara, Raipur, District- Raipur, Chhattisgarh.

2. Prince Singh S/o Abhimanyu Singh Aged About 21 Years R/o R.D.A. Colony, Boriyakhurd, Tikrapara, Raipur, District- Raipur, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, Raipur, District- Raipur, Chhattisgarh. ---- Respondent ___________________________________________________________ For Applicants (in MCRC NO. 2482/2019) : Ms. Nirupama Bajpai, Advocate. For Applicants (in MCRC NO. 2747/2019) : Ms. Nirupama Bajpai, Advocate. For Respondent/State : Mr. Amit Singh, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 09/05/2019

1. Since, both the cases arise out of same crime number, therefore, they are being disposed of by this common order.

2. The Applicants have preferred these first bail applications under Section 439 of Cr.P.C. for grant of regular bail, as they are arrested in connection with crime number 119/2019, registered at Police Station Civil Line, District- Raipur (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506 (B) & 307 of the IPC.

3. As per prosecution story, it is alleged that on 02.03.2019 at about 10 PM, the complainant Uday Pratap Singh along with his friend Jasvinder Singh Bhamra were consuming liquor in Archid Bar, Pandri, at that time, the complainant made a complaint to the manager of said bar regarding deficiency in service by the employee of Bar, allegedly, the applicants abused the complainant and his friend and also assaulted them with hand and club due to which they sustained injuries. Report was made by complainant Uday Pratap Singh in police station. On the basis of said report, offence has been registered and the applicants have been taken in custody on 04.03.2019.

4. Learned Counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the case. False and concocted allegations have been made against all the applicants. She further submits that there is nothing on record on the basis of which prima facie offence under Section 307 of the IPC can be made out against them. Injuries which have been sustained by the complainants are simple in nature. The applicants are in custody since 04.03.2019 and trial is likely to take some time. Therefore, the

applicants may be released on bail.

5. Per contra, learned Counsel appearing on behalf of the State and objector opposes the bail applications.

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

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicants are in custody 04.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicants on bail.

8. Accordingly, the bail applications are allowed.

9. It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubham