Ramkhilawan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3371 of 2018 1.

Chandrahas Shriwas, aged about 32 years, son of Ramkhilawan Shriwas 2.

Manbodh Shriwas @ Sanju, aged about 30 years, son of Ramkhilawan Shriwas Both resident of Village Bhaiso, police Station & Tahsil Pamgarh, District Janjgir - champa (C.G.) ----Applicants

Versus

State of Chhattisgarh, through Police Station Pamgarh, District Bilaspur (C.G.) ---- Non-applicant M.Cr.C. No. 3396 of 2018 1.

Ramkhilawan, aged about 65 years, S/o Budru Shriwas 2.

Krishnabai, aged about 33 years, wife of Sukhsagar Shriwas Both resident of Village Bhaiso, police Station & Tahsil Pamgarh, District Janjgir - champa (C.G.) ----Applicants

Versus

State of Chhattisgarh, through Police Station Pamgarh, District Bilaspur (C.G.) ---- Non-applicant For Applicants : Mr. Rajendra Kumar Patel, Advocate For State : Mr. Dilman Rati Minj, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/06/2018 (1) Above mentioned two bail applications filed under Section 439 of the Code of Criminal Procedure arise out of a common Crime No.3/2018, registered at Police Station Pamgarh,

District Janjgir-Champa, for the offence punishable under Sections 294, 323, 506, 307/34 of the Indian Penal Code , therefore, they are being heard analogously and decided by this Common Order.

(2) Case of the prosecution, in brief, is that applicant caused grievous injuries to the complainant/victim, by which she sufferred serious injuries, which were sufficient to cause death and thereby committed the aforesaid offences. (3) Counsel for the applicants submits that applicants have been falsely implicated in the crime in question as they have not committed any offence. He further submits that the applicants are languishing in jail since 24.02.2018 and the charge sheet has already been filed and, therefore, the applicants may be released on bail. (4) I have heard the counsel appearing for the parties and perused the case diary.. (5) Taking into consideration the nature and gravity of the offence, facts & circumstances of the case and further considering the fact that applicant is in detention since 24.2.2018; charge sheet has already been filed and the nature of injuries sustained by the complainant/victim; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

(6) Accused/applicants are directed to be released on bail on each of them executing a personal bond in the 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 to them by the said Court.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-