Raja Yadav And ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6395 of 2019
1. Raja Yadav And Ors. S/o Firatu Yadav Aged About 24 Years R/o Ganesh Chowk Chingarajpara P.S. Sarkanda Bilspur District Bilaspur Chhattisgarh.....(Applicant).(In Jail),
2. Lal Sahu S/o Surendra Saju Aged About 23 Years R/o Ganesh Chowk Chingarajpara P.S. Sarkanda Bilspur District Bilaspur Chhattisgarh.......(Applicant ) (In Jail).
3. Bala Thakur @ Amar Singh Thakur S/o Late Munna Singh Thakur Aged About 23 Years R/o Prabhat Chowk Chingrajpara P.S. Sarkanda Bilaspur District Bilaspur Chhattisgarh...... (Applicants) .(In Jail) ---- Applicants
Versus
• State Of Chhattisgarh Through The Police Station Sarkanda District Bilaspur Chhattisgarh.
---- Respondent For Applicants : Smt. M.Asha, Advocate For Respondent /State : Smt. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 15/11/2019 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.300/2019 registered at police station Sarkanda, District Bilaspur (CG) for the offence punishable under Sections 294,506,323 and 307/34 IPC and Sections 25 and 27 of the Arms Act.
Case of the prosecution in brief is that the applicants have
attempted to commit murder of complainant Jyoti Sharma. Counsel for the applicant submits that the applicants have been falsely implicated in the crime and that similarly placed co-accused has already been granted bail by this Court in M.Cr.C. No. 3408 of 2019. She submits that the applicants are in jail since 23.03.2019; charge sheet has been filed; the offence is triable by Magistrate First Class and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore they may be released on bail. On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular 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 in the sum of Rs.25,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna