Omprakash Rajwade v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3898 of 2018 • Manmati Rajwade W/o Omprakash Rajwade, Aged About 32 Years Caste Rajwar Occupation House Keeping R/o Barbaspur, Police Station And Tehsil Ramanujgnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Thana Ramanujnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Respondent MCRC No. 4162 of 2018 • Omprakash Rajwade S/o Harvansh Rajwade Aged About 35 Years R/o Barbaspur, Police Station Ramanujnagar, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ---- Applicant.
Versus
• State Of Chhattisgarh Through Thana Jhilmili, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ---- Respondent --------------------------------------------------p------------------------------------------ For the appellants : Mr. Sachin Singh Rajput, Advocate.
For the respondent/State : Mr. Sameer Behar, Dy.G.A.
Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 11-07-2018.
1.
Since both the aforesaid bail applications arise out of same Crime No. 218 of 2017, they are heard analogously and are being disposed of by this common order.
2.
Both these applications are first bail applications filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 29-12-2017 & 9-12-2017 in connection with Crime No. 218 of 2017 registered at Police Station Jhilmili, District Surajput (CG), for the offence punishable under Section 307 read with Section 34 of the IPC.
3.
As per prosecution case, on 1-11-2017 at about 6.00 pm the applicants invited Kashiram (victim) and Ishwariya Bai to their home for dinner and after half an hour of the dinner, the applicants assaulted Kashiram on the pretext that he was talking about illegal relationship with the applicant Manmati Rajwade who is wife of applicant Omprakash Rajwade and thereby the aforesaid offence was committed.
4.
Learned counsel appearing for the applicants would submit that the injuries found on the body of the victim Kashiram are simple in nature and he has been discharged from hospital. He would further submit that the applicants have been falsely implicated in the instant case and they are in jail since 9-12-2017 & 29-12-2017, therefore, they may be released on bail.
5.
On the other hand, learned State counsel opposes the application for grant of bail.
6.
I have heard learned counsel for the parties and perused the case diary.
7.
Taking into consideration the submission of learned counsel for the parties, nature of injuries, the applicants are in jail since 9-12-2017 & 29-12-2017, charge sheet has been filed, the applicants are not likely to abscond or tamper with the prosecution witnesses, I am inclined to release the applicants on bail.
8.
Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed and it is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one local surety 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) JUDGE Raju