Gamak Ram & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6918 of 2019

1. Gamak Ram S/o Mahesh Ram Aged About 45 Years, R/o Village Lodaamba, Chowki Dokada, Police Station Kansabel, District Jashpur, Chhattisgarh.

2. Jaiprakash Ram S/o Gamak Ram Aged About 23 Years, R/o Village Lodaamba, Chowki Dokada, Police Station Kansabel, District Jashpur, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through : Police Chowki Dokada, Police Station Kansabel, District Jashpur, Chhattisgarh. ---- Respondent For Applicants :

Mr. Ashish Shukla, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 12/12/2019

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. 9/2019 registered at Police Station-Chowki Dokada, District-Jashpur (C.G.) for the offence punishable under Sections 294, 506-B, 323, 34 and 307 of the IPC.

2. The prosecution story, in brief is that, the present applicants/accused persons assaulted Dhankunwar Ram with club and stick due to this Dhankunwar Ram sustained grievous injury on his head. 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. He further submits that the applicant No. 1 is in jail since 09.06.2019 and the applicant No. 2 is in jail since 13.06.2019, there

is no likelihood of their 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, detention period of the applicants and further considering the facts that the present applicant No.1 is in jail since 09.06.2019 and the present applicant No. 2 is in jail since 13.06.2019 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