P. Krishnapurthy & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9160 of 2018 1.
P. Krishnapurthy S/o P. Palni Swami Aged About 45 Years R/o B 10/03, P. S. Mulasi, District Namankal, Tamil Nadu, District : Namakkal *, Tamil Nadu 2.
Atul Raut S/o Haridas Raut Aged About 32 Years R/o Kamleshwar, P. S. Hengana, District Nagpur Maharastra, District : Nagpur, Maharashtra 3.
Umesh Netam S/o Jagdev Netam Aged About 21 Years R/o Lanjodha, P. S. Farasgaon, District Kondagaon Chhattisgarh, District : Kondagaon, Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through Police Station Farasgaon, District Kondagaon Chhattisgarh, District : Kondagaon, Chhattisgarh ---- Non-applicant For Applicants : Mr. Vishnu Koshta, Advocate.
For Non-applicant : Mr. N. Sharma, Dy. Government Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.12.2018
1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.
2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 84/2018 registered at Police Station - Farasgaon, District Kondagaon (C.G.) for the offence punishable under Sections 370 r/w 34 of the Indian Penal Code.
3. Case of the prosecution, in brief is that on 18.10.2018 at about 9 am applicants were taking away Naredra Netam, Praveen Nag, Anil Sodi, Aanand @ Anandev Markam, Mahadev, Omprakash Netam to Tamilnadu for labour work in vehicle No. MH 40 Y 6186. They had given them bluff to get them more wages.
4. Learned counsel for the applicants submits that the applicants have no criminal background. They are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.
5. On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicants.
6. As per the true copy of the affidavit Praveen Nag, Arun Sodi, Narendra Netam, Aanand @ Anandev Markam, Mahadev, Omprakash Netam, they had stopped the aforesaid vehicle and sought lift.
7. Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if each applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.
8. Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) JUDGE kishore