Shyamlal Sahu & ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5239 of 2018 1.
Shyamlal Sahu, S/o. Late Gagdev, Aged About 45 Years Caste Teli, 2.
Babulal Sahu, Late Gagdev, Aged About 48 Years, Caste Teli, Both R/o Village Khaira Chhote, P. S. and Tahsil Sarangarh, District Raigarh, Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh, Through Station House Officer, Sarangarh, District Raigarh, Chhattisgarh.
---- Respondent For Applicants :
Mr. Sanjeev Kumar Sahu, Advocate For Respondent :
Mr. Vinod Tekam, P.L..
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/08/2018 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.24/2018, registered at Police Station- Sarangarh, District - Raigarh (C.G.) for the offence punishable under Section 294, 506, 307, 34 of the Indian Penal Code. 2.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. Applicants are in jail since 27.06.2018. Charge-sheet in this case has been filed after completion of investigation. No case is made out against them 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.
It is alleged that on the date of incident, both these applicants assaulted the injured Tularam Sahu with club with intention to cause
his death. Hence, this case.
6.
Considered the submissions made and the contents of the case diary. Considering the entire material present in the case diary, the medical examination report of the injured, shows simple injuries, C.T. scan report is also normal, hence, under these circumstances, 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 each 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