Dineshwar Prasad Mehta And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No. 4945 of 2019

1. Dineshwar Prasad Mehta S/o Jaylal Mehta Aged About 57 Years.

2. Avinash Mehta S/o Dileshwar Prasad Mehta Aged About 29 Years. Both are R/o Manewada, Nagpur, (Maharashtra), Presently R/o Village - Balgikhar, Post - Balgi, Police Station Bankimongra, Tahsil - Katghora, District Korba Chhattisgarh.

---- Applicants

Versus

State of Chhattisgarh Through Police Station - Ajk Korba, District Korba Chhattisgarh.

---- Respondent For Applicants.

:

Shri Vikash Pandey, Advocate.

For State/Respondent.

:

Ms. Akshara Amti, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board /10/2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.9/2019, registered at Police Station- AJK Korba, District - Korba, (C.G.) for the offences punishable under Sections 294, 452, 504 read with 34 of the Indian Penal Code & Sections 4 of Karja Act & 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

2. As per prosecution case, there was old enmity between the applicants and the complainant, as the applicants had filed a complaint against the complainant that he was doing job on fraud name and complainant also threatened the applicants that he would implicate them in false case. Based on which, criminal case has been registered against the applicants.

3. It is submitted by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in this case. He

further submitted that they are in jail since 31.07.2019 and ready to abide by all the conditions which may be imposed while granting bail to the applicant, hence, it is prayed that they may be released on bail.

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

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case and further considering the gravity of the offence, case is pending, and the applicants are in jail since 31.07.2019, trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicants on bail.

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

Sd/- (Rajani Dubey) Judge Jamal