Jitendra & ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3346 of 2019 1.

Jitendra, S/o Chain Singh Dhruv, Aged About 27 Years. 2.

Jeevan, S/o Shiv Kumar Dhruv, Aged About 24 Years. Both R/o Village Barbaspur, Police Station- Kasdol, DistrictBalodabazar (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through The Police Station- Bhatapara Gramin, District- Balodabazar (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Applicant :

Mr. Varunendra Mishra, Advocate.

For State :

Mr. Ghanshyam Patel, G.A.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07/06/2019 1.

Heard on application for correction of Crime Number in Cause Title which is wrongly mentioned as 118 of 2018 in place of 118 of 2019.

2.

On due consideration, the same is allowed and the Crime Number be read as 118 of 2019 in place of 118 of 2018. 3.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 22.03.2019 in connection with Crime No. 118/2019 registered at Police Station- Bhatapara Gramin, District- Balodabazar (C.G.), for the offence punishable under Section 294, 323, 506, 307, 147, 148/34 of IPC, 1860.

4.

As per case of the prosecution, on 22.03.2019, the applicants with other co-accused persons assaulted Jagesh Fekar and Satish Verma.

5.

Learned counsel for the applicants submits that names of the applicants are not mentioned in the FIR and there is no connecting piece of evidence against them as per statement of prosecution witnesses recorded under Section 161 of the Cr.P.C., therefore, they may be enlarged on bail. 6.

On the contrary, learned State counsel opposes the application for grant of bail.

7.

Taking into consideration totality of the facts and without further commenting on merits of the case, I am inclined to release the applicants on bail.

8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in sum of Rs. 25,000/- each with one local surety each in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Vacation Judge Arun