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High Court Of ChhattisgarhMCRC/6570/2020allowed

Chintaram v. State Of Chhattisgarh

2020-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6570 of 2020

1. Chintaram S/o Ramcharan Verma, Aged About 52 Years

2. Mahendra S/o Chintaram Verma, Aged About 25 Years

3. Yugal Kishore S/o Chintaram Verma, Aged About 21 Years

4. Bhikham S/o Aaskaran Verma, Aged About 20 Years All are R/o Village Baronda, Police Station Rajim, District Gariyaband Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Rajim, District Gariyaband Chhattisgarh ---- Respondent For Applicant :

Mr. K.K. Dewangan, Advocate For State :

Mrs. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 15.12.2020 1.

The applicants have preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail as they were arrested on 31.08.2020 in connection with Crime No. 147/2020 registered in Police Station Rajim District-Gariyabandh (C.G.) for offence punishable under sections 294, 323, 506, 455, 458 and 34 of IPC. 2.

As per the prosecution case, the applicants, over a land dispute, entered into the house of the complainant- Lakhan Suryawanshi and assaulted him (Complainant) which led to a report for the offence. 3.

Learned counsel for the applicants submits that the applicants were arrested on 31.08.2020 and the issues arose because of the fact that the

complainant did not pay the rent and when the rent was demanded the altercation aggravated and the counter report has already been made, therefore the applicants may be enlarged on bail. 4.

Per contra, learned State counsel opposes the argument made by learned counsel for the applicants.

5.

Perused the allegation. Considering the nature of allegation and the fact that the charge-sheet has been filed and the offence are in trial by the Judicial Magistrate and also taking into the fact that the applicant is in jail since 31.08.2020, I am inclined to grant the bail to the applicants. Accordingly, the bail application is allowed and it is directed that the applicants shall be released on their furnishing personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. 6.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE Vishakha