Philip Beck And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2637 of 2016 1.

Philip Beck, S/o Rupna Beck, aged about 54 years, Caste Uraon. 2.

Praveen Beck, S/o Philip Beck, aged about 25 years, Caste Uraon Both the applicants are R/o village Puta, Karradand, PS Darima, Distt. Surguja (CG). Applicants

Versus

State of Chhattisgarh through Station House Officer, Police Station Darima, Distt. Surguja (CG).

Respondent For Applicant : Shri Jitendra Shrivastava, Advocate.

For Respondent : Shri Gary Mukhopadhyay, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 08.06.2016

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No.107/2016 registered at Police Station Darima, Distt. Surguja, for the offence punishable under Sections 294,506-B,323 and 307/34 IPC.

2. Case of the prosecution, in brief, is that on 22.08.2015 the present applicants is said to have assaulted one Janki Yadav in connection with certain dispute at the time of local election of Gram Panchayat.

3. Learned counsel for the applicants submits that the applicants are in detention since 26.12.2015. He further submits that applicants have no criminal background and have been falsely implicated in the case. He further submits

that the injuries sustained by the complainant is simple in nature, and therefore, the applicants may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application on the ground that present applicants is said to have assaulted the complainant and the injuries sustained by the complainant is serious in nature.

5. I have heard the counsel appearing for the parties.

6. Without commenting on merits, considering the totality of the facts and circumstances of the case and also considering the fact that issue involved is too trivial in nature and the applicants are in detention since 26.12.2015, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

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

8. It is directed that the applicants Phillip Beck and Praveen Beck shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- each with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (P. Sam Koshy) V. JUDGE inder