Sheshnarayan And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7146 of 2019 • Sheshnarayan . S/o. Rammilan Aged About 28 Years The Caste - Patel And Residents Of Village-Temaar, P.S.- Sakti, DistrictJanjgir-Champa Chhattisgarh • Chandrashekhar S/o. Rammilan Aged About 26 Years The Caste- Patel And Residents Of Village-Temaar, P.S.-Sakti, District- Janjgir-Champa Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The District Magistrate And Station House Officer, Police Station-Sakti, District JanjgirChampa Chhattisgarh ---- Respondent For Applicant : Shri Pushpendra Kumar Patel and Shri Hari Agrawal, Advocates For Respondent/State : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 06/01/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.249/2019 registered at police station Sakti, district Janjgir-Champa (CG) for the offence punishable under Sections 323,324,506-B,307 and 147 IPC. Case of the prosecution in brief is that on the date of incident, when the complainant Shiv Kumar went to the house of applicants demanding the amount of insurance, they assaulted him as a result of which he sustained injuries.

Counsels for the applicants submit that the applicants have been falsely implicated in the case. It is further submitted that the main allegation is against co-accused Yugal Kishore Patel and nothing has been alleged against the present applicants. It is submitted that the applicants are in jail since 09.07.2019 and 23.07.2019; the charge sheet has been filed and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna