Devram Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7350 of 2021

1. Devram Sinha S/o. Jhumuk Ram Sinha Aged About 50 Years R/o Village - Somajhitiya, Thana- Dongargaon, Distt.- Rajnandgaon (Chhattisgarh),

2. Chanda Bai W/o Devram Sinha Aged About 45 Years R/o Village - Somajhitiya, Thana- Dongargaon, Distt.- Rajnandgaon (Chhattisgarh)

3. Rumesh Sinha S/o Devram Sinha Aged About 19 Years R/o Village - Somajhitiya, Thana- Dongargaon, Distt.- Rajnandgaon (Chhattisgarh) ---- Applicants

Versus

• State Of Chhattisgarh Through- Police Station - Dongargaon, Distt.- Rajnandgaon (Chhattisgarh) ---- Respondent For Applicants : Shri Samir Singh, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 28/10/2021 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.193/2021 registered at police station Dongargaon, District Rajnandgaon (CG) for the offence punishable under Sections 294,323,506,325 and 307/34 IPC. Case of the prosecution in brief is that report was lodged by the complainant alleging that on the date of incident i.e. 16.06.2021, int he

morning when he was working in his field, his cousin brother, son, wife and other relatives came carrying spade and clubs and after abusing, started assaulting on various parts of his body. Counsel for the applicants submits that the applicants have been falsely implicated in the case. He submits that there was a case and counter case and that the injuries sustained were simple in nature. He further submits that the applicants are in jail since 03.07.2021; the charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of applicants' furnishing a personal bond in the sum of Rs. 25,000/- with one surety each, for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna