Abhishek Rajput And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3077 of 2019

1. Abhishek Rajput, S/o Shri Rambhuwan Rajput, aged about 23 years, R/o village Ghoraha, Police Station & Tahsil Bemetara, District Bemetara (CG).

2. Arun Rajput, S/o Shri Bali, aged about 21 years, R/o Village Lamti, Police Station Pathariya, District Mungeli (CG). ---- Applicants

Versus

State of Chhattisgarh, through District Magistrate, Police Station Jarhagaon (Mungeli), Civil & Revenue District Mungeli (CG). ---- Non-applicant For Applicants : Mr. KPS Gandhi, Advocate.

For Non-applicant : Mr. Sudeep Verma, Dy.G.A.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 29.05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with Crime No.95/2019 registered at Police Station Jarhagaon, District Mungeli (CG) for the offence punishable under Sections 147, 354, 341, 294, 323, 367 & 511 of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 04.04.2019 the prosecutrix was aged about 19 years. She is a resident of village Jarhagaon. On 04.04.2019 at about 1:30 pm, she and her husband and brother were returning back from village Bilgahani to their house, on the way, six persons came there in a vehicle bearing registration No.C.G.15-C.E.-5910, they beat her husband and molested her and tried to sit her on their vehicle. They also beat her brother by hands and fists.

4.

Counsel for the applicants submits that the applicants have not committed any offence. They are innocent and have been falsely implicated in the present case, therefore, they may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, the bail application is allowed. It is directed that if the applicants furnish two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs.50,000/- each to the satisfaction of the concerned Trial Court with the condition that they shall appear before the Trial Court at 11:00 am as and when directed till trial and they would co-operate during the trial, they shall be released on bail and they shall not involve any such type of crime in future. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Vacation Judge L/-