Raju Sahu & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Raju Sahu S/o Bhagwat Prasad Sahu Aged About 32 Years R/o Sarvamangala Nagar Durpa, Police Station Kusmunda, District Korba, Chhattisgarh.

2. Dilharan Sahu S/o Hetram Sahu Aged About 21 Years R/o Sarvamangala Nagar Durpa, Police Station Kusmunda, District Korba, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kusmunda, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent For Applicants :- Mr. Surya Pratap Yuddhveer Singh, Adv.

For Respondent-State :- Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 23/01/2020 1.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. 07/2019 registered at Police Station - Kusmunda, District - Korba (C.G.) for the offence punishable under Sections 41 (1-4) of the Cr.P.C. and Section 379 of the IPC.

2.The prosecution story, in brief, is that present applicants were found/arrested carrying 10 quintal of Iron rod by vehicle. Based on this, offence has been registered. The present applicants have been taken into custody on 22.10.2019.

3.Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the applicants are languishing in jail since 22.10.2019, they are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicants may be released on bail.

4.On the other hand State counsel strongly opposes the bail application.

5.I have heard learned counsel for the parties and perused the entire material available on record. 6.Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present applicants are in jail since 22.10.2019 and 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.

7.Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each with one local surety in the like

sum to the satisfaction of the trial Court. Applicants are directed to appear before the said Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Ankit