Chintaram Patel & ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7807 of 2019
1. Chintaram Patel S/o Shri Teerath Ram Patel Aged About 38 Years, R/o Village Chandan, Thana - Rajadevri, Civil And Revenue District - Balodabazar - Bhatapara, Chhattisgarh. (Father Name Wrongly Mention In Order As Chintaram).
2. Smt. Mangli Bai @ Surajo Bai W/o Shri Chintaram Patel Aged About 39 Years R/o Village - Chandan, Thana - Rajadevri, Civil And Revenue District - Balodabajar - Bhatapara, Chhattisgarh. ---- Applicants
Versus
• State Of Chhattisgarh, Through : Station House Officer, Police Station - Rajadevri, District - Balodabazar - Bhatapara, Chhattisgarh. ---- Respondent For Applicants :
Mr. Sunil Sahu, Adv.
For Respondent/State :
Ms. Reena Singh, PL.
Hon'ble Smt. Justice Rajani Dubey Order on Board 21/01/2020
1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 59/2019 registered at Police Station-Rajadevri, District - BalodabajarBhatapara (C.G.) for the offence punishable under Sections 342, 294, 506 and 376/34 of the IPC.
2. The prosecution story, is that the complainant lodged a report that she is residing at village Chandan and used to prepare the Supa and Tokani. She along with others have prepared the Women Self Samooh Taken a loan of Rs. 30,000/- from the Pithoura Bank and the applicant No. 2 is the head of that Samooh and the complainant had to pay a some of Rs. 1700/- per month installment further she
made the allegation that she has deposited 4 installments and the fifth installment was due and on 05.11.2019 when complainant was near the house of barber applicant No. 2 came their and abuses her and asked her to come at his house and do the house hold work like cleaning of cloths, utensils and caught hold her hand taken to her house and kept her at room. Based on this, offence has been registered against the present applicants.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicants are in jail since 12.11.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.
4. On the other hand, counsel for the State opposes the bail application.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that the present applicants are in jail since 12.11.2019 and 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.
7. 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 trial Court on each and every date given to them by the said Court.
Sd/- (Rajani Dubey) Judge H.L. Sahu