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High Court Of ChhattisgarhMCRC/8251/2018allowed

Narendra Kumar Dinkar And ANR. v. State Of Chhattisgarh

2018-10-31Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8251 of 2018

1. Narendra Kumar Dinkar S/o Niranjan Dinkar Aged About 25 Years, caste Satnami R/o Medhpar Bazar, Navrang Mohalla, Police Station- Hirri, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Yogendra @ Jogendra S/o Niranjan Dinkar Aged About 42 Years R/o Medhpar Bazar, Navrang Mohalla, Police StationHirri, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Hirri, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---Respondent ---------------------------------------------------------------------------------------- For Applicants : Shri Vipin Singh, Advocate For Respondent/State : Shri Vivek Sharma, Govt. Advocate ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 31.10.2018 1.

Heard the matter finally.

2.

This an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.183/2018, registered at Police Station Hirri, District Bilaspur(CG) for the offence punishable under Sections 458, 294, 323 & 506 r/w Section 34 of the IPC. 3.

As per the case of prosecution, complainant Ku. Sagar Naurang was sleeping along with her brother and sister, at that time, the applicants broke open the door and entered into the house and assaulted the complainant and her brother and abused her.

4.

Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the crime; they are in jail since 21.7.2018 and trial will take some time, therefore, the applicants may be released on bail. 5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case and the fact that the offences are triable by Judicial Magistrate First Class and trial will take some time, I am inclined to release the applicants on bail.

8.

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

9.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.20,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita