Gannuram Katiya & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5926 of 2019 • Gannuram Katiya & Anr. S/o Late Santosh Katiya Aged About 74 Years R/o Village - Magarkund Bhatagaon, Post Office And Police Station - Mohgaon (Gandai), Tahsil - Chhuikhadan, District - Rajnandgaon Chhattisgarh • Chummanlal Katiya S/o Gannuram Katiya Aged About 42 Years R/o Village - Magarkund Bhatagaon, Post Office And Police Station - Mohgaon (Gandai), Tahsil - Chhuikhadan, District - Rajnandgaon Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station - Mohgaon (Gandai), District - Rajnandgaon Chhattisgarh ---- Respondent For Applicants : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 24/10/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.04/2019 registered at police station Mohgaon (Gandai) district Rajnandgaon (CG) for the offence punishable under Sections 452,294,323,506 and 342/34 IPC. Prosecution case in brief is that on 23.07.2019, the applicants entered the house of the complainant and abused and also assaulted him. It is further stated that the applicants have also threatened him

for life.

Counsel for the applicants submits that the applicants have been falsely implicated in the crime in question. It is submitted that the applicants is in jail since 13.08.19 and the trial will take time for final disposal and therefore they may be released on bail. On the other hand, learned counsel for the State opposes the bail application.

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 bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond of Rs. 25,000/- with one surety each 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