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High Court Of ChhattisgarhMCRC/7524/2019withdrawn

Pyare Bharti v. State Of Chhattisgarh

2019-12-19Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7010 of 2019 • Sonu Sonwani Alias Sonu Mehar ( Odiya ) S/o Ramesh Sonwani, Aged About 19 Years R/o Near Mahila Gaddha, Pahanda Road, Bhainsapasra, Balodabazar, Thana - City Kotwali District - Balodabazar - Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station City Kotwali Balodabazar, District - Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent MCRC No. 7524 of 2019 • Pyare Bharti S/o Baldau Bharti Aged About 19 Years R/o. Bhainsapara, Balodabazar, Thana- City Kotwali Balodabazar, District- Balodabazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station City Kotwali Balodabazar, District- Balodabazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent MCRC No. 7685 of 2019 • Sagar Miri S/o Raju Miri Aged About 20 Years R/o Dasharma Road, Balodabazar, Thana And Tehsil Baloda Bazar, District Balodabazar-Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station, City Kotwali Balodabazar, District Balodabazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent For Applicants :

Ms. Supriya Upasane, Advocate in all the bail applications For Respondent :

Shri B.L. Sahu, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19/12/2019

1. As all the MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.550/2019 registered at Police Station - City Kotwali, Balodabazar, District Balodabazar-Bhatapara(C.G.) for the offence punishable under Section 394 of the IPC.

3. Case of the prosecution is that the complainant Shyamlal Manhare lodged a report that the applicants while purchasing liquor at the liquor shop committed marpit with him with hands and fists and bamboo stick and looted Rs.1500/- cash and a mobile phone.

4. Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime in question and on account of small dispute a quarrel took place and the incident happened. She submits that as the applicant Sonu Sonwani alias Sonu Mehar is in jail since 1.10.2019 and applicant Sagar Miri is in jail since 24.9.2019 and the trial is likely to take some time for its final disposal, they may be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He submits that applicant Pyare Bharati (MCRC No.7524/2019) is a habitual offender and 5 more cases of similar nature are pending against him.

6. Considering the facts and circumstances of the case, in particular, the nature of allegations against the applicants and applicant Sonu Sonwani alias Sonu Mehar is in jail since 1.10.2019 and applicant Sagar Miri is in jail since 24.9.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7. Accordingly, the applications filed on behalf of applicant Sonu Sonwani alias Sonu Mehar(MCRC No.7010/2019) and Sagar Miri(MCRC No.7685/2019) under Section 439 Cr.P.C. are allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.50,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

8. So far as applicant Pyare Bharti is concerned, learned counsel for the applicant submits that she wants to withdraw the bail application filed on his behalf with liberty to revive the same after examination of material witnesses.

9. Learned counsel for the State has no objection.

10. Accordingly, the bail application filed on behalf of applicant Pyare Bharti in MCRC No.7524/2019 is dismissed as withdrawn with the aforesaid liberty granted in favour of the applicant. 11.

Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita