Murari Lal & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8533 of 2020

1. Murari Lal S/o Ramji Sahu Aged About 45 Years

2. Dinesh Sahu S/o Jantram Sahu Aged About 40 Years R/o Village Uraihapara (Nagoi), Police Station Sarkanda, District Bilaspur Chhattisgarh.

---- Applicants

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur Chhattisgarh. ---- Respondent For Applicants Mr. Dharmesh Shrivastava, Advocate For Respondent /State Mr. Ashutosh Mishra, Panel Lawyer Hon'ble Mr. Justice Prashant Kumar Mishra Order on Board 24/2/2021 1.

Heard.

2.

The applicants have preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as they have been arrested in connection with Crime No.1043/2020, registered at Police Station Sarkanda, District Bilaspur (CG), for the offence under Sections 294, 506, 452 & 436 read with Section 34 of the Indian Penal Code.

3.

Applicants have committed mischief by fire by setting ablaze the house of the complainant Rajmati Kewat in the intervening night

of 10th & 11th November, 2020 causing damage to the front door and curtains of the house.

4.

It is argued that on a trivial dispute concerning passage of waste water over the drain the parties had an altercation, but the applicants have not caused any mischief by fire. It is also stated that the applicants have no criminal antecedents, therefore, they are entitled to be released on bail.

5.

Learned counsel for the State, per contra, would oppose the bail application, however, he would inform that the concerned SHO has not reported any previous antecedents of the applicants. 6.

Considering the entire facts situation of the case, particularly considering the fact that the applicants are in detention since 14-11-2020; and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicants on regular bail.

7.

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

8.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri