Spitar Minj @ Piter Minj @ Ispitar & ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5316 of 2019
1. Spitar Minj @ Piter Minj @ Ispitar S/o Deepan Minj Aged About 57 Years R/o Misan Mohalla Morga Chouki Morga, Thana Bango, District - Korba, Chhattisgarh., District : Korba, Chhattisgarh
2. Anil Minj S/o Spitar Minj Aged About 27 Years R/o Misan Mohalla Morga, Chouki Morga, Thana Bango, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Bango, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicants : Shri Vikas Pandey, Advocate For Respondent/State : Shri Wasim Miyam, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 23.10.2019 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.98/2019, registered at Police Station Bango, Korba(CG) for the offence punishable under Sections 302 read with Section 34 of the IPC. 3.
As per the case of prosecution, Avind Minj was working in the Dhaba of the applicants and on 22.4.2019 on account of some money dispute a quarrel took place between them and the applicants assaulted him. Thereafter, Avind Minj died on 30.4.2019.
4.
Learned counsel for the applicants submits that the applicants have not committed any offence and there was simply hot
talking between the applicants and the deceased. He submits that charge-sheet has already been filed the applicants are in jail since 1.5.2019 and trial will take some time for its final disposal, therefore, the applicants may be released on bail. 5.
On the other hand, learned counsel for the State opposes the bail application.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants and the fact that the applicants are in jail since 1.5.2019, I am of the opinion that present is a fit case to release the applicants on bail.
8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial. 10.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita