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High Court Of ChhattisgarhMCRC/6676/2019allowed

Golu @ Jitendra Verma v. State Of Chhattisgarh

2019-10-24Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6676 of 2019

1. Golu @ Jitendra Verma S/o Shri Samrat Verma Aged About 30 Years R/o Jabdapara Gali, Police Station - Sarkanda, Tahsil And District - Bilaspur Chhattisgarh.

2. Yogesh Verma S/o Shri Samrat Verma Aged About 30 Years R/o Jabdapara Gali, Police Station - Sarkanda, Tahsil And District - Bilaspur Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Station - Sarkanda, District - Bilaspur Chhattisgarh.

---- Respondent For Applicant :

Mr. Hemant Gupta, Advocate.

For Respondent :

Ms. Reena Singh, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /10/2019 The accused/applicants havemoved 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. 201/2019 registered at Police Station - Sarkanda Bilaspur(C.G.) for the offence punishable under Sections 294, 323, 452, 506, 427 & 34 of IPC.

It is the case of the prosecution that, the complainant lodged a report against the applicants alleging therein that the applicants along with some other co-accused person entered his house and hurled abuses, broke the household articles,

threatened to death and beaten complainant and his family with lathi and danda, due to which they got injured. Thereafter, the offence have been registered against the applicants.

Learned counsel for the applicants submits that the applicants have not committed any offence. On account of petty quarrel they have been falsely implicated in the crime in question. He further submits that the other co-accused namely Saurabh @ Sunny Yadav has already granted bail by this Court in MCRC No. 4214/2019 order dated 29.07.2019. The applicant is in custody since 20.08.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

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

Heard both the parties and perused the material available on record.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants and the fact that the applicants are in jail since 20.08.2019, I am of the opinion that the present is a fit case to release the applicants on bail.

Accordingly, the bail application filed under Section 439

Cr.P.C. is allowed.

It is directed that the applicants shall be released on bail on their furnishing a persona bond in sum of Rs. 25,000/- each, with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed, till the disposal of the trial.

Sd/- (Rajani Dubey) Judge Vijay Sahu