Ramesh Dewangan v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7177 of 2018 Ramesh Dewangan S/o Janakram Dewangan Aged About 23 Years R/o Village Pandrawan, P. S. Sarsiva, District Baloda BazarBhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh .
---- Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Sarsiva, District Baloda Bazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh .
---- Respondent AND MCRC No. 7183 of 2018 Aameer Kumar @ Nanku S/o Devlal Vishwakarma Aged About 23 Years R/o Village Pendravan, Police Station Sarsinwa, District Balodabazar-Bhatapara Chhattisgarh, District : BalodabazarBhathapara, Chhattisgarh . ---- Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Sarsinwa, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh. ---- Respondent For the Applicants :
Shri Amiyakant Tiwari, Advocate (MCRC No.7177/2018) and Shri Sangeet Kumar Kushwaha, Advocate (MCRC No. 7183/2018) For the State :
Shri A.K. Swarnkar, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /11/2018
1. Both the applications are heard and decided together by this common order, as both the bail applications are arising out the same offence.
2. These are the first bail applications under Section 439 of the CrPC and there is no bail applications are pending before any other Court.
3. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.179/2018 registered at Police Station
Sarsinwa, District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 341, 323, 354/34 of IPC.
4. Case of the prosecution, in brief is that the prosecutrix is near about 19 years old. She is resident of village Pendrawan. On 22/05/2018 she and his friend Purushottam Dewangan were coming from Gatadih Bank to village Pendrawan by motorcycle. At about 2 p.m. near Nag Nagin Mandir applicants who were following them stopped their vehicle. Applicant Ramesh Dewangan beaten complainant Purushottam Dewangan by hands and fist and pressed her breast. Applicant Aameer Kumar @ Nanku Vishwakarma was taking the photograph from the mobile.
5. Counsel for the applicants submits that applicants are innocent and falsely implicated in the present crime, therefore, they shall be released on bail.
6. On the other hand, learned counsel for the State opposes the bail application. He further submits that one criminal case under Section 107 of CrPC has been reported against the applicant Ramesh Dewangan, however no criminal antecedents have been reported against Aameer Kumar @ Nanku.
7. Looking to the facts and circumstances of the case, it is ordered that if the applicant Ramesh Dewangan furnishes two solvent sureties each for a sum of Rs. 25,000/- along with a personal bond of Rs.50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail and applicant Aameer Kumar @ Nanku furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.
8. Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) Judge Kamde