Amrit Lal Baghel & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5923 of 2018

1. Amrit Lal Baghel S/o Late Mahettarlal Baghel, Aged About 53 Years, R/o- Village- Kotami Sonar, P.S. Akaltara, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

2. Dilsingh Baghel S/o Amrit Lal Baghel, Aged About 23 Years, R/oVillage- Kotami Sonar, P.S. Akaltara, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station Akaltara, District- Janjgir-Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh ----Non-applicant For Applicants - Shri R.S. Patel, Advocate. For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 04-09-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is second bail application before this Court filed by the applicants for grant of regular bail. Their first bail application before this Court was dismissed for want of prosecution. The applicants have been arrested on 27-03-2018 in connection with Crime No.91/2018 registered at P.S. - Akaltara, DistrictJanjgir-Champa, Chhattisgarh for the offence under Section 304-B/34 of the IPC.

2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 27-03-2018. No case is made out against them. Similarly placed co-accused Smt. Anita Baghel has been granted bail by this Court in MCRC No.4509 of 2018 vide order dated 1107-2018. Hence, it is prayed that these applicants may also be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application.

-24.

Heard learned counsel for the parties and perused the case diary. 5.

Deceased Priti Bhagel was married to co-accused Deep Singh Baghel. The allegation against these applicants and other co-accused persons is that they were subjecting the deceased to cruel treatment for demand of one Alto Car and cash of Rs. 1 Lakh. The dead body of the deceased was found lying on the railway track. Subsequent to that, the merg was recorded and the offences have been registered.

6.

Considering on the entire material present in the case diary and also considering this fact that similarly placed co-accused has been granted bail by this Court, without commenting anything on merits of the case, I am of this opinion that these applicants should also be granted regular bail. 7.

Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby 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 in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil