Surya Yadav @ Suryaprakash v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6330 of 2018 Surya Yadav @ Suryaprakash, S/o Bhagirathi Yadav, Aged About 30 Years, R/o- Raut Para, P.S.- Arang, District : Raipur, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Through- P.S.- Arang, District : Raipur, Chhattisgarh ---- Respondent and MCRC No. 6760 of 2018 Prasann Sharma, S/o Vijay Shankar Sharma, Aged About 20 Years, R/o Brahman Para, P.S. - Arang, District : Raipur, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Through- P.S.- Arang, District : Raipur, Chhattisgarh ---- Respondent For Applicants :

Shri Devershi Thakur, Advocate.

For Respondent. :

Shri Dilman Rati Minj, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board /10/2018 1.

As these two applications (MCRC No. 6760/2018 and MCRC No. 6330/2018) under Section 439 of the Code of Criminal Procedure arising out of the same Crime No. 282/2018, registered at Police Station - Arang, District - Raipur, Chhattisgarh, for the offence punishable under Sections 294, 323,324, 326, 506 and 34 of the IPC, in which the applicants are in custody since 21.06.2018, are being disposed off by this common order.

2. As per the prosecution story, at the time of incident both the applicants were assaulted the complainant by glass bottle, in front of A2Z Dhaba. On the basis of above story, a report has been lodged against the applicants and they were arrested on 21.06.2018.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submits that charge sheet has been filed and trial will likely to take some more time, therefore, they may be released on bail 4.

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

5.

I have heard learned counsel for the parties and perused the case diary.

6. Considering the totality of the facts and circumstances of the case that the charge-sheet has already been filed, the offence is triable by Judicial Magistrate First Class, therefore, trial will take some more time, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicants shall be released on bail on their furnishing a personal bond of Rs.20,000/- to each with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed.

Sd/- (Rajani Dubey) Judge yasmin