Ayush Manikpuri & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9905 of 2018

1. Ayush Manikpuri S/o Bhagwati Das Manikpuri Aged About 22 Years R/o Ruchika Vihar Colony, Police Station- Sirgitti, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Sheikh Sameer S/o Sheikh Sameem Aged About 22 Years R/o New Loco Colony, Ward No. 56, Poter Kholi, Police Station- Sirgitti, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer- Sirgitti, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh. ---- Respondent For the Applicants :

Shri Shantanu Awasthi, Advocate For the State :

Shri A.N. Bhakta, Dy. Adv. Gen.

----------------------------------------------------------------------------------------------- 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.386/2018 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 294, 506, 326 read with Section 34 of IPC.

3. Case of the prosecution, in brief is that on 24/09/2018 at about 7 a.m. New Loco Colony, Sirgitti Bilaspur, co-accused Pinky caught hold the hands of complainant Sameer Ahmed, applicants beat him by wooden club and knife, injury was caused on his head. Broken knife was stuck in his head which was removed by operation.

4. Learned counsel for the applicants submits that they are 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 two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- each to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in such type of crime in future, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde