Nirmala Devi & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6690 of 2019

1. Nirmala Devi W/o Bansidhar Gupta Aged About 48 Years, R/o Ramanujganj Ward Number 12, Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.

2. Sweety Gupta D/o Shri Dilip Gupta Aged About 21 Years, R/o Ramanujganj Ward Number 12, Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.

3. Leelawati Devi W/o Shri Dilip Gupta Aged About 42 Years, R/o Ramanujganj Ward Number 12, Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through : Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.

---- Respondent For Applicants : Mr. Sunil Tripathi, Adv.

For Respondent/State : Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08.11.2019

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 144/2019 registered at Police Station Ramanujganj, District-BalrampurRamanujganj (C.G.) for the offence punishable under Sections 147, 149, 294, 506(B), 323 and 307/34 of the IPC.

2. The prosecution story, in brief is that, on 21.08.2019 at about 11.20 am., infront of the shop of Narendra Vishwakarma, unloading of the murram by tractor, on account of that Bansidhar Gupta along with his son raised the objection and abused the complainant, after conversation among them, free fight had been done on the spot. Due to which both the parties made the report of the incident.

Based on this offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. The applicants are in jail since 23.09.2019, there is no likelihood of his case being decided in near future, therefore, the present applicants may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicants are in jail since 23.09.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu