Vedprakash Sonkar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7348 of 2019

1. Vedprakash Sonkar & Anr. S/o Suresh Sonkar Aged About 19 Years R/o Gunderdehi, District Balod, Chhattisgarh.

2. Pramod Alies Chhtou Sonkar S/o Kaushal Sonkar Aged About 18 Years R/o Ward No. 7, Gunderdehi, Police Station Gunderdehi, District Balod, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Gunderdehi, District Balod, Chhattisgarh.

---- Respondent For Applicants :

Mr. T.K. Jha, Advocate.

For Respondent :

Ms. Reena Singh, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10.01.2020 • The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 327/2018 registered at Police Station - Gunderdehi, District Balod (C.G.) for the offence punishable under Sections 302, 201, 120-B of IPC. • The prosecution story in nutshell is that, the allegation of the prosecution that the applicant No. 1 Vedprakash obtained a loan of Rs. 1,00,000/- from the company of deceased and Rs. 85,000/- was balanced to be repaid. In order to avoid the repayment of loan applicant Vedprakash hatched the conspiracy with the other accused persons and committed murder of deceased and burnt it by pouring petrol and straws of paddy. On the basis of that, after investigation offence has been registered, and they have been arrested. • Learned counsel for the applicants submits that the

applicants are innocent and have been falsely implicated in the case. He further submits that the other co-accused has already been granted bail by this Court on 14/10/2019 in MCRC No. 6361/2019, therefore, the present applicants may also be granted bail.

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

• I have heard learned counsel for the parties. • 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 fact that co-accused persons have been granted bail by this Court, as 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. • 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 said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu