Mahavir And ANR. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9757 of 2018

1. Mahavir. S/o Gendram Patel Aged About 20 Years By Caste Marar,

2. Kejuram Naroti S/o Late Shri Ranjanuram Naroti Aged About 20 Years By Caste Gond, both are R/o Village Mudpar, (Dakhani) Thana Tahsil And District Uttar Bastar Kanker Chhattisgarh ---- Applicants

Versus

The State Of Chhattisgarh Through The Police Station Dudhava, District Uttar Bastar Kanker Chhattisgarh, District : Kanker, Chhattisgarh.

---- Respondent For the Applicants :

Shri Parag Kotecha, Advocate For the State :

Shri I. Lakra, Dy. Govt. Adv.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.113/2018 registered at Police Station Dudhawa, District Kanker (C.G.) for the offence punishable under Section 25 of Arms Act read with Section 34 of IPC.

3. Case of the prosecution, in brief is that on 06/11/2018 about 15.45 hours, in front of Police Chowki Dudhawa, A.S.I. S.R. Suryawanshi has seized one country made pistol from the dicky of the motorcycle bearing registration number C.G. 05 V 7423. Applicants were traveling by said motorcycle.

4. Learned counsel for the applicants submits that they have innocent and falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

6. Looking to the 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 the applicants furnishes one solvent surety for a sum of Rs. 25,000/- each along with a personal bond of Rs. 25,000/- each to the satisfaction of the concerned Court with the condition that they shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde