Kuleshwar Dhritlahre & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7430 of 2019

1. Kuleshwar Dhritlahre & Anr. S/o Shri Ravishankar Dhritlahre, Aged About 32 Years R/o Village Sarmandi, Police Station Arang, Tahsil Arang, District - Raipur Chhattisgarh. • Arun Dhritlahre S/o Shri Ravishankar Dhritlahre, R/o Village Sarmandi, Police Station Arang, Tahsil Arang, District - Raipur Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Arang, District - Raipur Chhattisgarh.

---- Respondent For Applicants :

Mr. P.K. Patel, Advocate.

For Respondent :

Mr. Vaibhav K. Agrawal, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.01.2020 • 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. 711/2019 registered at Police Station - Arang, Civil and Revenue District Raipur (C.G.) for the offence punishable under Sections 294, 341, 307, 34 of IPC.

• The prosecution story in nutshell is that, complainant has made complaint to the concern Police Station alleging that the applicants were hurling abuses to the complainant, and whey he tried to stop them from doing so, they have assaulted the complainant with the help of knife. 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 applicants are in jail since 29.10.2019 and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, 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 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