Lalman @ Lali And ORS. v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7753 of 2016

1. Lalman @ Lali, S/o. Gabbar Singh, age -25 years, Occupation-Labour, Permanent R/o. Mudkhera, P.S. - Subhappura, Tahsil and District - Shivpuri (M.P.). Presently R/o. Marine Drive Beladula, Ward No.24, Tah. & District- Raigarh (C.G.)

2. Jaiprakash Singh, S/o. Mahendra Singh, age - 50 years, Permanent R/o. Sultanpur, Chhapra, P.S. - Jinapur, District - Ajamgarh (U.P.), Presently R/o. Marine Drive, Beladula, Ward No.24, Tah. & District - Raigarh (C.G.).

3. Kamlesh Singh, S/o. Sadho Singh, age 25 years, Permanent R/o. Village-Iriyat, P.S. - Kutumba, Tah. - Amba, District - Aurangabad (Bihar). Presently R/o. Marine Driver, Beladula, Ward No.24, Tah. And District - Raigarh (C.G.).

4. Prahlad Singh, S/o. Late Bhuneshwar Singh, age 23 years, permanent R/o. Village-Basatpur, Tah. -Madanpur, District - Aurangabad (Bihar), Presently R/o. Marine Drive, Beladula, Ward No.24, Tah. & District - Raigarh (C.G.) ----Applicants

Versus

1. State of Chhattisgarh, Through : Station House Officer, AJK, District - Raigarh (C.G.) ---- Respondent For Applicants : Mr. Amit Sharma, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/12/2016

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.30/2016, registered at Police Station - AJK, District - Raigarh (C.G.) for the offence punishable under Section 354/34 of I.P.C. and Section 3 (I) (X) 1⁄4c1⁄2 1⁄4n1⁄21⁄4/k1⁄2, 3 (II) (V) S.C. & S.T. (Prevention of Atrocities) Act.

Page No.2 2.

Case of the prosecution, in brief, is that a report was made on 20.09.2016 that the applicants forcefully entered into the house of the complainant/victim by pushing away the complainant by her hand, and was looking for their son Kaushal. The applicants belonged to business of liquors. Thereby the offence has been committed.

3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and in fact they were looking for Kaushal, who was doing the business of sale of liquor and in order to counter, the false allegations have been levelled. It is further submitted that charge-sheet in this case has been filed and the applicants are in jail since 07.11.2016, therefore, the counsel prays that the applicants may be enlarged on bail.

4.

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

5.

I have heard learned counsel appearing for the parties. 6.

Perused the case diary and the statement of the victim. Considering the facts and circumstances of the case and taking into the nature of offence and the degree of allegation, charge-sheet in this case has been filed and the applicants are in jail since 07.11.2016, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

Page No.3 8.

It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram