Dhananjay v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7501 of 2019 • Dhananjay S/o Harprasad Vastrakar Aged About 19 Years R/o Raghvendra Rao Sabha Bhawan, In Side of Company Garden Devkinandan Chowk, Gondpara Bilaspur, Police Station City Kotwali, District - Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through - Station House OfÏcer, Police Station Sarkanda, District - Bilaspur, Chhattisgarh.

---- Respondent • Aman Dhar @ Sunny S/o Shri Umesh Dhar Aged About 19 Years R/o Dabripara, Near Company Garden, Thana Civil Line, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The Police Station Sarkanda, District Bilaspur, Chhattisgarh.

---- Respondent

For Applicants :- Mr. Umakant Singh Chandel, Adv.

& Mr. Shaleen Singh Baghel, Adv.

For Respondent-State:- Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 20/01/2020 1.Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order.

2.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.1006/2019 registered at Police Station - Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 294, 506, 307 and 147 of the IPC.

3.The prosecution story, in brief, is that on 28.10.2019 at about 8:30 pm near Hundai Chowk Sarkanda injured Harshit Rai was assaulted by the accused persons with the means of club and iron rod and attempt to commit the murder. Based on this, offence has been registered. The present applicants have been taken into custody on 31.10.2019.

4.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 31.10.2019, 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.

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

6.I have heard learned counsel for the parties and perused the entire material available on record. 7.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 31.10.2019 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 applications are allowed.

8.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. 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