High Court Of ChhattisgarhMCRC/3169/2018allowed

Keshav Singh v. State Of Chhattisgarh

2018-06-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3169 of 2018 • Keshav Singh S/o Shri Komal Singh Aged About 27 Years R/o Chandani Chowk, Kududand, Bilaspur, Police Station Civil Line, District Bilaspur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Bilaspur, Chhattisgarh ---- Respondent MCRC No. 3825 of 2018

1. Ramesh Goswami S/o Shri Ashok Goswami Aged About 33 Years

2. Suresh Rajput S/o Shri Bodhan Rajpur Aged About 38 Years Both R/o Sanjay Nagar Chatidih, Police Station Sarkanda District Bilaspur, Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh Through Police Station Civil Line District Bilaspur, Chhattisgarh ---- Respondent For RespectiveApplicants :

Shri KPS Gandhi & Shri Dheerendra Pandey, Advocates For Respondent /State :

Shri SRJ Jaiswal, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/06/2018

1. Since both these bail applications are arising out of the same crime, therefore, they are decided together by this common order.

2. These are the First Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been

arrested on 25.03.2018 & 24.03.2018 in connection with Crime No.225/2018 registered at Police Station Civil Line District Bilaspur (CG) for the offence punishable under Sections 294, 452, 506B & 34 IPC.

3. As per the prosecution case, on 13.02.2018 a report was made by Arun Kumar Pandey that the applicants entered into his house and forced him to get his daughter married with Keshav Singh, abused them and threat was extended that if the marriage is not performed then they will throw acid on the family members of the complainant including the daughter. Thereby the offence has been committed.

4. Learned counsel for the applicants submit that the applicants have been falsely implicated and only on the basis of presumption aggravated report is made. They further submit that the charge-sheet in this case has been filed and no further investigation is necessary, therefore, the applicants may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the facts & circumstances of the case and the nature of allegations and also taking into that the applicants are in jail since 24.03.2018, I am inclined to release the applicants on bail.

7. Accordingly, both the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

8. It is further directed that the applicants shall make their appearance before the concerned police station once in a month on the first Monday of the month till the trial is concluded so as to ensure that no further aggravated act will be committed by them.

Sd/- Goutam Bhaduri Judge Ashu