Rohit Singh & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4589 of 2019

1. Rohit Singh, S/o Abhay Singh, Aged About 25 Years, R/o Ward No. 4, Bhim Dafai Sonamani Thana Chirmiri, District Korea Chhattisgarh

2. Chandan Sharma, S/o Ramashish Sharma, Aged About 29 Years, R/o Quarter No. 10/3, Kothair Goderipara Thana Chirmiri, District Korea Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Chirmiri, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondent For Applicants : Shri Abhyuday Singh, Advocate.

For Respondent/State : Shri Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 07.08.2019

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime no. 114/2019, registered at Police Station Chirmiri, Arjunda, District-Korea (C.G.) for the offence punishable under Sections 294, 506, 327 and 34 of the IPC.

2. As per prosecution story on 24.03.2019, at about 11.00 p.m. the applicants along with other co-accused person came near Haldibadi main road, where the complainant was standing, they directed the complainant to do illegal transport of the coal, which

was opposed by the complainant, due to which, the applicants and other co-accused started assaulting the complainant. Thereafter, the complaint was made by the complainant against the applicants and other co-accused.

3. Learned Counsel appearing on behalf of the Applicants submits that applicant were innocent and they have been falsely implicated in the present case. He further submits that chargesheet has already been filed, applicants are in jail since 14.05.2019 and trial will likely to take some time, therefore, they may released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties and perused the case diary.

6. Considering the above facts and circumstances of the case, particularly considering the fact that charge-sheet has already been filed, the applicants are in custody since 14.05.2019 and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- to each with one surety for the like amount to the satisfaction of the trial court. Thereafter, they will appear before the Trial Court on each and every date given by the said Court.

Sd/- (Rajani Dubey) Judge yasmin