Caimal Singh & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5303 of 2020

1. Caimal Singh, S/o Baliram Gond, Aged About 23 Years, Occupation- Farmer.

2. Radheykrishan, S/o Sahadan Gond, Aged About 43 Years, Occupation- Farmer.

3. Vinod, S/o Shivdhari, Aged About 24 Years, Occupation- Farmer.

4. Satish, S/o Shobhit Ram Kishanigam Kewat, Aged About 22 Years, Student (Veterinary- First Year).

All were R/o Village- Parshurampur, P.S. & TahsilRamanujnagar, District- Surajpur (C.G.).

---- Applicants

Versus

• State of Chhattisgarh, Through: S.H.O- P.S.- Ramanujnagar, District- Surajpur Chhattisgarh.

---- Respondent For Applicants : Mr. Hemant Gupta, Adv.

For Respondent/State : Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.09.2020

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. 102/2020 registered at Police Station- Ramanujnagar, DistrictSurajpur (C.G.) for the offence punishable under Section 306/34 of IPC.

2. The prosecution story, in brief is that, deceased committed suicide by consuming poison due to which she died. Thereafter, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants

are innocent and have been falsely implicated in the crime in question. He further submits that there is no previous criminal record against the present applicants. He next added that there is no interaction between the applicants and the deceased. The applicants are in jail since 09.06.2020, 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 the submission made in this respect. It is submitted that the offence committed by the present 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, and further considering the facts that the applicants are in jail since 09.06.2020 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/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi