Rajendra Sonwani And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7676 of 2019 • Rajendra Sonwani S/o. Shri Naindas Sonwani Aged About 40 Years Caste- Satnami, R/o.- Village- Dongripali, P.S. And TahsilBaghbahra, Civil And Revenue District. Tahsil And District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh • Hemant Sonwani S/o. Shri Sitaram Sonwani Aged About 26 Years Caste- Satnami, R/o.- Village- Dongripali, P.S. And TahsilBaghbahra, Civil And Revenue District. Tahsil And District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through P.S.- Baghbahra, Civil And Revenue District And District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondent For Applicants :

Shri J.A. Lohani, Advocate.

For Respondent :

Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/01/2020

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.242/2019 registered at Police Station - Bagbahara, District Mahasamund(C.G.) for the offence punishable under Sections 294, 323, 506, 307 of the IPC and Sections 25 and 27 of the Arms Act.

2. It is the case of the prosecution that on 28.10.2019 at about 8.30 pm, the applicants burnt fire crackers in front of the house of the complainant and on resistance, the applicants

abused him and assaulted father of the complainant with knife like weapons in which he received injuries.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime and they were simply burning the fire crackers and not with any other intention in which the scufÒe took place. He further submits that as the applicants are in custody since long time and the trial is likely to take some time for its final disposal, they may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. Considering the facts and circumstances of the case, particularly considering the nature of allegations against the applicants, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- 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.

7. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge sunita