Bhushan Dewar And Others v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4503 of 2020

1. Bhushan Dewar, S/o. Bahal Dewar, Aged about 34 years

2. Dewa Chouhan, S/o. Raju Chouhan, Aged about 20 years

3. Karan Yadav, S/o. Basant Yadav, Aged about 24 years, All R/o. Village Dewa para, Kawardha, District Kabirdham (CG) ---- Applicants

Versus

• State Of Chhattisgarh, Through -District Magistrate,district Kabirdham, Chhattisgarh., ---- Respondent For Applicants : Shri Sudheer Verma, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 11/08/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 128/2020 registered at Police Station Kabirdham, District Kabirdham (CG) for the offence punishable under Sections 457/34 IPC.

Case of the prosecution in brief is that report was lodged by the complainant alleging that the applicants have broken the door of his house however when the dogs barked they ran away. Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question.

Since 01.06.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, the application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 50,000/- each with one local surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna