Damodar Thakur & ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7700 of 2018 1.

Damodar Thakur, S/o Late Indal Singh, Aged About 52 Years. 2.

Suraj, S/o Chandrapal @ Damodar Aged About 20 Years. Both are R/o Bajrang Chowk Mathpuraina, Police StationTikrapara Raipur, District Raipur (C.G.) ---- Applicants

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station Tikrapara Raipur, District- Raipur (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Applicants :

Mr. Ashish Gupta, Advocate.

For State :

Mr. Vinod Kumar Tekam, PL.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 31/10/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 10.09.2018 in connection with Crime No. 394/2018 registered at Police Station- Tikrapara, Raipur, District- Raipur (C.G.), for the offence punishable under Sections 327/34 of IPC.

2.

As per the prosecution case, on 09.09.2018 at about 9.00 p.m., the complainant was standing along with his friend and at the same time, the applicants came there and demanded money from him for consuming liquor and on denial, they assaulted the complainant.

3.

Learned counsel for the applicant submits that the case is triable by Judicial Magistrate First Class and trial will take

some time and the applicants have no previous criminal antecedents, the applicants may be enlarged on bail. 4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the fact that the applicants are in jail since 10.09.2018 and trial will take sufficient time, without further commenting on merits of the case, I am inclined to release the applicants on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in sum of Rs. 20,000/- each with one local surety each in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Judge Arun