High Court Of ChhattisgarhMCRC/5394/2020allowed

Shyamdas Gendre & ORS. v. State Of Chhattisgarh

2020-09-23Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5394 of 2020

1. Shyamdas Gendre S/o Rameshwar Gendre, aged about 28 years,

2. Rameshwar Gendre S/o Motiram Gendre, aged about 51 years,

3. Netram Gendre S/o Rameshwar Gendre, aged about 32 years, All the R/o village Sankra (Bhumiya), Police Station Tilda Newra, District Raipur (CG) ---- Applicants

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station, Tilda Newra, District Raipur (CG) ---- Respondent For Applicants :

Shri Sanjeev K. Sahu, Advocate For Respondent/State :

Shri Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 2 3.9.2020

1. The matter is heard through video conferencing.

2. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.200/2020, registered at Police Station -Tilda-Newra, District Raipur(C.G.) for the offence punishable under Sections 294, 307, 34 of the IPC.

3. It is the case of the prosecution that the complainant has lodged FIR to the Police Station that the applicants along with other co-accused persons abused her and assaulted her on

head with axe due to which she sustained injuries.

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question on account of some land dispute. He submits that the applicants are in jail since 11.7.2020 and the trial is likely to take some time for its final disposal, therefore, they may be released on bail.

5. On the other hand, counsel for the State opposes the bail application.

6. Considering the facts and circumstances of the case, in particular, the nature of allegations against the applicants and the detention period of the applicants, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

8. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.,25,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial

9. Certified copy, as per rules. Sd/ (Rajani Dubey) Judge sunita