High Court Of ChhattisgarhMCRC/7201/2021allowed

Rakesh Rajwade v. State Of Chhattisgarh

2021-10-27Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7201 of 2021 • Rakesh Rajwade S/o Shri Shivsagar Rajwade, Aged About 20 Years, Occupation Security Guard, R/o Village Umrauli (Harrapara), P.S. Lakhanpur, District Surguja Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through P.S. Incharge P.S. Udaypur, District Surguja Chhattisgarh.

---- Respondent MCRC No. 8116 of 2021 • Vifal Rajwade S/o Shivsagar Rajwade Aged About 53 Years R/o Village Umrouli, Police Station And Tahsil Lakhanpur, District Sarguja (C.G.) • Avinash Rajwade S/o Bhajan Ram Aged About 19 Years R/o Village Umrouli, Police Station And Tahsil Lakhanpur, District Sarguja (C.G.) • Mahendra Pratap Rajwade S/o Bhajan Ram Aged About 19 Years R/o Village Umrouli, Police Station And Tahsil Lakhanpur, District Sarguja (C.G.) ---- Applicants

Versus

• State of Chhattisgarh Through Station House OfÏcer, Police Station Udaypur, District Sarguja (C.G.) ---- Respondent For Applicants :

Mr. Jitendra Shrivastava and Mr.

Bhupendra Singh, Adv.

For Respondent :

Mr. Ravi Maheshwari, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 27.10.2021

1. The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 96/2021 registered at Police Station - Udaypur, District Surguja (C.G.) for the offence

punishable under Sections 294, 506-B, 323, 307/34 of the IPC.

2. As per the prosecution case the allegation against the present applicants is that the applicants have hurled abuses and assaulted the complainant with the help of hand first and by iron rod. After investigation, applicants have been arrested and the aforesaid offence have been registered against them.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that applicants Rakesh Rajwade, Vifal Rajwade, Avinash RAjwade and Mahendra Pratap Rajwade are in jail since 08.08.2021, 28.08.2021, 30.08.2021 & 30.08.2021 respectively and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the applicants may be granted bail.

4. On the other hand, counsel for the State strongly opposes the bail applications.

5. I have heard learned counsel for the parties.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail applications are allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge V/-