Jafar Raza & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6606 of 2019

1. Jafar Raza & Anr. S/o Shri Ahmad Raza Aged About 38 Years R/o Dabripara, Bilaspur, Police Station Civil Line, District Bilaspur Chhattisgarh.

2. Raju Yadav S/o Ramkishan Yadav Aged About 19 Years R/o Kurmi Hostel, Near R.K. Petrol Pump, Chantidih, Sarkanda, Bilaspur, Police Station Sarkanda, District Bilaspur Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station Incharge Officer, Police Station Civil Line, Civil And Revenue District Bilaspur Chhattisgarh. ---- Respondent For Applicants :

Mr. K.P.S. Gandhi, Advocate.

For Respondent :

Mr. Akhtar Hussain, 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. 906/2018 registered at Police Station - Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 327, 506, 34 of IPC.

• It is the case of the prosecution that, complainant lodged an FIR before the Police Station, alleging that, he was asked for two hundred rupees for drinking liquor. Complainant refused to give money, on that, the applicants hurled abuses and started beating him with the help of baseball stick. Thereafter, the alleged offences have been registered against the applicants and the applicants have been arrested.

• 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 18.09.2019 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, detention period of the applicants facts and circumstances of the case, the fact that the offence is triable by Judicial Magistrate 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