High Court Of ChhattisgarhMCRC/6999/2019allowed

Chirag Agrawal & ANR. v. State Of Chhattisgarh

2019-12-06Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6999 of 2019

1. Chirag Agrawal S/o Jyoti Agrawal Aged About 20 Years R/o Nehru Nagar, Korba, Tahsil And District Korba, Chhattisgarh., District : Korba, Chhattisgarh

2. Abhishek @ Vicky Karsel S/o Ramesh Karsel Aged About 30 Years R/o Quarter No. C.S.- 30, Secl Subhash Block, Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Chowki Manikpur, Police Station Kotwali, Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent For Applicants :Shri Anish Tiwari, Advocate.

For Respondent :Shri Sameer Sharma, Dy. Govt. Advocate Hon'ble Smt. Justice Rajani Dubey Order on Board 06/12/2019 • 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.617/2019 registered at Police Station Chowki Manikpur, P.S.Kotwali Korba, District Korba(C.G.) for the offence punishable under Sections 147, 341, 342, 294, 186, 353, 332, 427 of the IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984.

• As per the case of prosecution, on 4.10.2019 at about 11.30 pm in the night, the applicants along with other co-accused persons consumed liquor and started harassing the people at public place, passing through the road and when patrolling

team of police reached to control them, they abused the police persons and damaged the patrolling vehicle. • Learned counsel for the applicants submits that the applicants have not committed any offence and the applicants along with their friends were standing and talking on the road only. He submits that the offence is triable by Magistrate and applicants are in jail since 5.10.2019 and trial may take some time for its final disposal therefore, the applicants may be released on bail.

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

• Perused the entire material available on record. • Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants and the offence is triable by Magistrate, I am of the opinion that 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 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.

• Certified copy as per rules.

Sd/ (Rajani Dubey) Judge sunita