Satish Pradhan & ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6825 of 2019

1. Satish Pradhan S/o Shri R.S. Pradhan Aged About 37 Years R/o Village - Dansara, Tah. And P.S. Sarangarh, Distt. - Raigarh, Civil And Revenue Distt. Raigarh Chhattisgarh....(In Jail), District : Raigarh, Chhattisgarh

2. Deo Nishad S/o Shri Jaldhar Nishad Aged About 40 Years R/o Village - Dansara, Tahsil And P.S. Sarangarh, Distt. Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through District Magistrate, Raigarh, Distt - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------- For Applicants : Shri M.K. Sinha, Advocate For Respondent/State : Shri Anurag Verma, Panel Lawyer ------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 29.11.2019

1. 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.452/2019 registered at Police Station - Sarangarh (Police Chauki, Kankabira), District Raigarh(C.G.) for the offence punishable under Sections 458, 323, 506/34 of the IPC and Section 25 of the Arms Act.

2. It is the case of the prosecution that complainant Ramkumar Thuriya has lodged a report that he is a Journalist and the applicants entered into his house and abused him and assaulted him with the sword.

3. Learned counsel for the applicants submits that the applicants

have been falsely implicated on the basis of village politics. He submits that as the applicants are in custody since 26.9.2019 and trial is likely to take some time for its final disposal, they may be released on bail.

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

5. Considering the facts and circumstances of the case, particularly considering the nature of allegations against the applicants; charge sheet has been filed and the applicants are in custody since 26.9.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- 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.

7. Certified copy, as per rules.

Sd/ (Rajani Dubey) JUDGE sunita