Arjun Rathia And ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4888 of 2018 1.
Arjun Rathia, S/o. Tika Ram Rathia, Aged About 26 Years 2.
Anand Kumar Rathia, S/o. Tikaram Rathia, Aged About 31 Years, R/o. Village- Gurda, Thana Kharsia Tahsil Kharsia, District- Raigarh, (C.G.) ---- Applicants
Versus
State Of Chhattisgarh, Through Station House Officer, Police Station Kharsia, District- Raigarh, Chhattisgarh ---- Respondent For Applicant :
Mr. N.K. Malviya, Advocate For Respondent :
Mr. Neeraj Mehta, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01/08/2018 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.292/2018, registered at Police Station- Kharsia, District - Raigarh (C.G.) for the offence punishable under Section 429 of the Indian Penal Code and Section 135 (1) (a) of the Electricity Act.
2.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. Applicants are in jail since 19.05.2018. No case is made out against him according to the material present in the charge-sheet. Hence, it is prayed that the applicants may be enlarged on bail.
3.
On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect.
4.
I have heard the learned counsel for the parties and perused the documents placed on record.
5.
As per prosecution case, in brief is that that the applicant had lay live electric wire in their field because of which, three agricultural cattle came in the contact with the live wire and died resulting in loss to the agriculturist, who owned those cattle. Hence, this case. 6.
Considered the submissions made and the contents of the case diary. Considering on the entire material present on record, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.
7.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
8.
It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge Balram