High Court Of ChhattisgarhMCRC/7582/2016allowed

Ramsay Kawade And ORS. v. State Of Chhattisgarh

2016-11-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7582 of 2016

1. Ramsay Kawade S/o Late Muddu Ram Kawade Aged About 33 Years R/o Village Kudalwahi Patelpara Police Station Dhanora Revenue And Civil District Kondagaon Chhattisgarh

2. Kangaluram Hidako S/o Late Bikaruram Aged About 50 Years R/o Village Kudalwahi Patelpara Police Station Dhanora Revenue And Civil District Kondagaon Chhattisgarh

3. Murharam Hidako S/o Late Dular Hidako Aged About 54 Years R/o Village Kudalwahi Patelpara Police Station Dhanora Revenue And Civil District Kondagaon Chhattisgarh --- Applicants

Versus

• State of Chhattisgarh through the Police Station Dhanora, District Kondagaon Chhattisgarh --- Respondent For the applicants :

Mr. Pravin Kumar Tulsyan, Advocate For the Respondent :

Mr. Wasim Miyan, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.11.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 16 of 2016 registered at P.S. Dhanora, Distt. Kondagaon (C.G) for the offence punishable under Sections 147, 148, 149, 294, 506(B) & 354 of IPC.

2. As per the prosecution case, on 22.06.2016 the applicants objected the victim to discharge the work in bauxite mine, caught hold of her hand, abused and further extended threat to kill her, thereby the offence has been committed.

3. Learned counsel for the applicants would submit that because of rivalry the incident happened between the two groups of villagers and the false allegations have been

attributed against the present applicants and others. He further submits that the charge sheet has been filed and the applicants are in jail since 15.07.2016, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary documents as also the statement of victim.

6. Considering the nature of offence and degree of allegations levelled against the applicants and further considering the facts and circumstances of the case especially the fact that the charge sheet has been filed; no further investigation is necessary and the applicants are in jail since 15.07.2016, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o