High Court Of ChhattisgarhMCRC/6175/2019allowed

Shambhu Tamrakar And ORS. v. State Of Chhattisgarh

2019-11-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6175 of 2019 • Shambhu Tamrakar S/o Late Manku Sao Aged About 28 Years R/o Village Sanna, Police Station Sanna, District- Jashpur, Chhattisgarh. • Manohar Tamrakar S/o S/o Late Manku Sao Aged About 26 Years R/o Village Sanna, Police Station Sanna, District- Jashpur, Chhattisgarh. • Dhiraj Tamrakar S/o Late Manku Sao Aged About 19 Years R/o Village Sanna, Police Station Sanna, District- Jashpur, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationSanna, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Respondent For Applicants :

Mr. J.K. Saxena, Advocate.

For Respondent :

Mr. Vinod Kumar Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21/11/2019 • The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 92/2018(wrongly mentioned as 44/2019) registered at Police Station - Sanna, District Jashpur (C.G.) for the offence punishable under Sections 307, 326, 323, 341, 342/34 of IPC.

• It is the case of the prosecution that, on 26.09.2018, applicants have inflicted grievous hurt on the injured Ashok Gupta son of Devnarayan Gupta with intention to kill him. The incident was reported to the Police Station, Sanna and the alleged offences have been registered against the applicants.

• Learned counsel for the applicant submits that the applicants have been falsely implicated in the crime in question. He further submits that as the applicants are in custody since 19.08.2019 and the trial is likely to take some time for its final disposal, they may be released on bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, the fact that the applicant is in jail since 19.08.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- each, with one solvent surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu