Tarun Khandekar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5343 of 2018

1. Tarun Khandekar S/o Shri Chovadas Khandekar Aged About 31 Years R/o Takhatpur, Thana Takhatpur, Civil And Revenue District Bilapur Chhattisgarh, District : Bilaspur, Chhattisgarh

2. Nikki Khandekar S/o Shri Chovadas Khandekar Aged About 28 Years R/o Takhatpur, Thana Takhatpur, Civil And Revenue District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Takhatpur, Civil And Revenue District Bilapur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent For Applicants : Mr. Sunil Sahu, Advocate For State/respondent : Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime No.257/2018, registered at Police-Station-Takhatpur, DistrictBilaspur(C.G.) for the offence punishable under Sections 186, 332, 353/34 of the Indian Penal Code.

2. It is submitted by the learned counsel for the applicants that the applicants have been falsely implicated in this case. No case is made out against them. Hence, it is prayed that they may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. The allegation against this applicants is this, that on 5.7.2018 at about 1.30 a.m. past mid night they abused and assaulted the complainant Head Constable Rajesh Kumar Dahire and Sub-Inspector Rakesh Sahu when they were patrolling on duty. Hence, this case.

6. Presently the case is before the trial Court, hence, no purpose would be served if the applicant is kept in detention till the conclusion of trial. For this reason, I am of this view that this is a fit case where the applicants should be released on bail during the pendency of the case against them.

7. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/each- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha