Taturam Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5439 of 2020

1. Taturam Kurre S/o Goverdhan Kurre, aged about 45 years,

2. Nathu Kurre S/o Goverdhan Kurre, aged about 50 years,

3. Sanju Kurre S/o Tatu Kurre, aged about 26 years,

4. Rakesh S/o Nathu Kurre, aged about 27 years, All R/o Village Gabhra, Police Station & Tahsil Chhuikhadan, District Rajnandgaon (C.G.) ---- Applicants

Versus

• State of Chhattisgarh through Station House Officer, Police Station, Chhuikhadan, District Rajnandgaon (C.G.) ---- Respondent For Applicants :

Mr. Abhishek Sharma, Advocate.

For Respondent :

Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29.09.2020 • The applicants have filed this First Bail Application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 168/2020 registered at Police Station : Chhuikhadan, District Rajnandgaon (C.G.) for the offence punishable under Sections 294, 323, 506, 354, 34 of the IPC. • According to the prosecution case, the allegation against the present applicants is that they have assaulted the complainant and her family members with the help of Lathi using filthy language. Based on that

offence has been registered against the applicants. • Learned counsel appearing on behalf of the applicants would submit that the applicants are innocent and have been falsely implicated in the case. Referring to Annexure A/3 filed with this application, he would further submit that the compromise has been done between the parties. The applicants are in custody since 30.07.2020 and they are ready to furnish adequate surety and shall abide by all the conditions and directions imposed upon them, therefore, they may be released on bail.

• Per contra, learned counsel appearing on behalf of the State opposes the bail application.

• I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, nature and gravity of the offence, as the applicants are in jail since 30.07.2020 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- each, with one local surety for the like sum amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu