Ramji And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3267 of 2019 1.

Ramji S/o Jagannath Jaiswal, aged about 40 years, 2.

Dinesh S/o Jagannath Jaiswal, aged about 45 years, 3.

Ambika Prasad S/o Late Vishwanath, aged about 50 years All are R/o Village Funga, Police Station & Tahsil Khadgawan, District Koriya (C.G.) --- Applicants

Versus

State of Chhattisgarh, Through Station house Officer, Police Station Khadgawan, District Koriya (C.G.) ---- Respondent For Applicants :

Mr. Goutam Khetrapal, Advocate For Respondent :

Ms. Smita Ghai, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 26/06/2019 1.

The Applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 69/2019 registered at Police Station Khadgawan, District Koriya (C.G.) for the offence punishable under Sections 294, 307 and 506/34 of the Indian Penal Code. 2.

As per prosecution story, on 09/04/2019 at about 5 a.m, Victim/Injured Samariya Bai was picking flowers of Mahua. At that time, the Applicants came there on motor-cycle and made some dispute with her. Thereafter, it is alleged the Applicants, after pouring petrol on the Victim set her on fire, due to which she sustained burn injuries on her

thigh and butt. A report was made by Ramavtar, husband of the Victim/Injured. The Applicants have been taken into custody on 10/04/2019.

3.

Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case due to some previous dispute regarding land. He further submits that on being complaint made by the Applicants, a separate inquiry was conducted by the SDOP and the SDOP in his report has reported that the present incident is suspicious. He further submits that the Applicants are in custody since 10/04/2019 and trial will take time, therefore, they may be released on bail. 4.

Counsel appearing on behalf of the State also opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly the evidence collected by the prosecution, without further commenting on merit of the case, I am inclined to release the Applicants on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicants shall be released on bail on their executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court for their appearance before the said Court, as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubham