Ram Sai Sadoye & ANR. v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4556 of 2019

1. Ram Sai Sadoye. S/o Vifhan Sadoye Aged About 52 Years R/o Dumarkhola, Linepara, Police Out Post - Doura, Police Station Pasta, District Balrampur Ramanujganj Chhattisgarh.

2. Rajkumar Sadoye S/o Ramsai Sadoye Aged About 25 Years R/o Dumarkhola, Linepara, Police Out Post - Doura, Police Station Pasta, District Balrampur Ramanujganj Chhattisgarh. ---- Applicants

Versus

• The State Of Chhattisgarh Through - Police Station Pasta, District Balrampur Ramanujganj Chhattisgarh.

---- Respondent ---------------------------------------------------------------------------------------- For Applicants : Shri A.K. Prasad, Advocate For Respondent/State : Shri Anurag Verma, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 06.8.2019 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.175/2019, registered at Police Station Pasta District Balrampur Ramanujganj(CG) for the offence punishable under Sections 307, 294, 506, 323, 34 of the IPC.

2.

As per the case of prosecution, complainant lodged a report to the police station that on 8.11.2018 at about 5.00 pm when his father was returning from Jungle after grazing goats, on the way the applicants started quarreling on account of sowing of land, abused and assaulted him with geda (wooden stick) on head, due to which he received injuries. A report was lodged and the applicants were taken into custody.

3.

Learned counsel for the applicants submits that the applicants have not committed any offence and on account of land dispute they have been falsely implicated in the case. He submits the applicants are in jail since 10.4.2019 and trial will take some time for its final disposal, therefore, the applicants may be released on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

Heard learned counsel for the parties.

6.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicants and the fact that the applicants are in jail since 10.4.2019, I am of the opinion that present is a fit case to release the applicants on bail.

7.

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

8.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial. 9.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita