Ramnaresh Sahu And Another v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4500 of 2020

1. Ramnaresh Sahu, S/o Shri Vishwanath Prasad Sahu, Aged about 40 years,

2. Jagarnath Sahu, S/o Late Jailal Sahu, Aged about 60 years, Both applicants are R/o village- Pandari, PS Raghunathnagar, District Balrampur (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through - PS- Raghunathnagar, District Ramajujganj (C.G.) ---- Respondent For Applicants :

Mr. Arvind Sinha, Advocate.

For Respondent/State :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19/08/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 36/2020 (wrongly mentioned as 36/2019) registered at Police Station- Raghunathnagar, District Balrampur-Ramajujganj (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 323, 336, 342 and 307 of the IPC.

2. The prosecution story in brief is that, there is dispute with regard to land situated at village- Raghunathnagar between the applicants and the complainant and on the date of incident, when the complainant closed the road of his land, the applicants came there and assaulted the complainant by using the filthy languages and committed marpit.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is no incriminating

material against the present applicants, which held them guilty for commission of offence. He next submits that both the applicants are in jail since 19.06.2020, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicants is of serious in nature; therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering that the applicants are in jail since 19.06.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each with one local 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. Sd/- (Rajani Dubey) Judge Vasant