Nohar Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5472 of 2019 • Nohar Dewangan S/o Kanhaiya Dewangan Aged About 45 Years R/o Village Mongara Ward No. 8 Bhathapara, Police Station Mahasamund, Tahsil And District Mahasamund Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Mahasamund, District Mahasamund Chhattisgarh, ---- Respondent MCRC No. 5496 of 2019 • Pokhan Dewangan S/o Kanhaiya Dewangan Aged About 38 Years R/o Village Mongara Ward No. 8 Bhathapara, Police Station Mahasamund, Tahsil And District Mahasamund Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Mahasamund, District Mahasamund Chhattisgarh, ---- Respondent For Applicants : Shri Raghavendra Pradhan, Advocate For Respondent/State : Shri Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 22/10/2019 As both these M.Cr.C's arise out of the same crime number they are being disposed of by this common order.

The applicants have filed these applications under Section 439

of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 295/2019 registered at police station Mahasamund, district Mahasamund (CG) for the offence punishable under Sections 297 and 307 IPC.

As per case of the prosecution, the applicant along with coaccused abused the complainant and assaulted him with scissor and threatened for life.

Counsel for the applicants submits that the applicants have been falsely implicated. He submits that the applicants are in jail since 11.7.19 and the trial may take some time for its disposal and therefore they be released on bail.

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

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are allowed. It is directed that in the event of the applicants' furnishing a personal bond of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail. Sd/- (Rajani Dubey) Judge suguna