Janam Verma & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7009 of 2018

1. Janam Verma S/o B. Narayan Verma Aged About 23 Years R/o Katiyapara, Juna Bilaspur, Police Station- City Kotwli, Tahsil And Revenue DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Jitendra Verma S/o Rameshwar Verma Aged About 30 Years R/o Katiyapara, Juna Bilaspur, Police Station- City Kotwli, Tahsil And Revenue DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

3. Sumit Verma S/o Mitlal Verma Aged About 24 Years R/o Katiyapara, Juna Bilaspur, Police Station- City Kotwli, Tahsil And Revenue District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Acting Through Officer In- Charge, Police Station- City Kotwali, Tahsil And Revenue District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicants : Shri Kripesh G. Kela, Advocate For Non-applicant : Shri S. Gupta, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 02.11.2018

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2. The applicants have been arrested in connection with crime No. 361/2018 registered at Police Station - City Kotwali, District- Bilaspur (C.G.) for the offence punishable under Section 294, 323, 324, 327, 506B/34 of the IPC.

3. Case of the prosecution, in brief is that on 11.08.2018 complainant Lucky

Shriwas was standing with his friend Anand Yadav at Udai Square, Bilaspur. Applicants reached there and demanded money for liquor and when the complainant Anand denied applicants abused them, given threatening to kill. Applicant Janam Verma beaten complainant Anand by rod, complainant by Lucky Shriwas by belt. Injuries of the complainant Lucky Shriwas was simple in nature and Anand had received injuries on his forehead. The Doctor has opined that injuries of complainant Anand may be grievous in nature.

4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application. He further submits that there are two criminal cases registered against the applicant No.1 Janam, one criminal case against applicant No. 3 Sumit and there is no antecedent against applicant No.2 Jitendra Vema.

6. Looking to the above facts and circumstances of the case, the application is allowed.

7. It is directed that if the applicant No.1 Janam Verma furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. It is directed that if applicant No. 2 Jitendra Verma 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 Trial Court, with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

9. It is directed that if the applicant No.3 Sumit Verma furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that

he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

10.Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore