High Court Of ChhattisgarhMCRC/7905/2019allowed

Manoj Kanwar & ORS. v. State Of Chhattisgarh

2020-01-08Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7905 of 2019

1. Manoj Kanwar, S/o Shri Kumar Singh Kanwar, Aged About 19 Years R/o Village Bhilai Khurda- 1 Korba, Police Station Urga, District - Korba Chhattisgarh.

2. Chandrapal Singh Kanwar, S/o Shri Kumar Singh Kanwar, Aged About 22 Years, R/o Village Bhilai Khurda- 1 Korba, Police Station Urga, District - Korba Chhattisgarh.

3. Jaypal Singh Kanwar, S/o Shri Pradhan Singh Kanwar, Aged About 20 Years, R/o Village Bhilai Khurda- 1 Korba, Police Station Urga, District - Korba Chhattisgarh.

4. Kumar Singh Kanwar, S/o Late Shri Suryabhan Singh Kanwar, Aged About 50 Years, R/o Village Bhilai Khurda- 1 Korba, Police Station Urga, District - Korba Chhattisgarh.

5. Bahal Singh Kanwar, S/o Shri Pradhan Singh Kanwar, Aged About 22 Years, R/o Village Bhilai Khurda- 1 Korba, Police Station Urga, District - Korba Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through: Police Station Urga, District Korba Chhattisgarh.

---- Respondent For Applicants : Mr. Rahil Arun Kochar, Adv.

For Respondent/State : Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08.01.2020

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. 279/2019 registered at Police Station Urga, District - Korba (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 458, 324 of I.P.C.

2. The prosecution story, in brief is that, on 27.10.2019 the applicants along with co-accused persons named Kumar Singh Kanwar and

Chandrapal Singh Kanwar assaulted Sanjay Prasad Sahu by hand and fist and caused simple injury to him. Thereafter, 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 charge sheet has been filed. The offence has been triable by the Judicial Magistrate First Class. The applicants are in jail since 02.11.2019, 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, and further considering the facts that the offence has been triable by the Judicial Magistrate First Class. The applicants are in jail since 02.11.2019 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 Ruchi