Ramnarayan & ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5251 of 2018

1. Ramnarayan, S/o. Darashram Satre, Aged About 42 Years,

2. Balakram, S/o. Rambharosh Rai, Aged About 61 Years

3. Thaneshwar, S/o. Bisahu Rai, Aged About 25 Years,

4. Panchu Sonwani, S/o. Budhram Sonwani, Aged About 33 Years

5. S. K. Singh, S/o. Gannauram Singh, Aged About 30 Years, All R/o Village Bhothidih, Police Station Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh, Through The Station House Officer, Police Of Police Station Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh. ---- Respondent For Applicants :

Mr. Anil Gulati, Advocate For Respondent :

Mrs. Smita Ghai, Panel lawyer, ------------------------------------------------------------------------------------------------------- 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.203/2018, registered at Police Station- Bilaigarh, District - Baloda Bazar - Bhatapara (C.G.) for the offence punishable under Section 147, 304, 201 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 11.06.2018. 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.

The allegation against the applicants are this that they were fishing in the pond of the village by running electricity current in the water in an inadvertent manner, because of which the deceased Devlal came in contact of electrified water and has expired. Hence this case. 6.

Considered the submissions made and the contents of the case diary. Considering on the entire material present in the case diary, as the charge-sheet has been filed in this case and there is likelihood that the trial is going to take some time for its conclusion, hence for this reason, 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