Yugal Kishor Manjhi And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10084 of 2018

1. Yugal Kishor Manjhi And Anr. S/o Shri Firat Ram Manjhi Aged About 21 Years ,

2. Rishi Kumar Manjhi S/o Shri Firat Ram Manjhi Aged About 24 Years, Both are R/o Village Kikirada (Katahil), Police Station Birra, Civil And Revenue District Janjgir Champa Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Birra, Civil And Revenue District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. ---- Respondent For the Applicants :

Shri P.M. Shrivas, Advocate For the State :

Shri I. Lakra, Dy. G.A.

----------------------------------------------------------------------------------------------- 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. Case diary not available. Perused the photocopy of the charge-sheet provided by the counsel for the applicants in connection with the Crime No.151/2018 registered at Police Station Birra, District Janjgir-Champa (C.G.) for the offence punishable under Section 294, 323, 436/34 of IPC.

3. Case of the prosecution, in brief is that on 04/11/2018 about 1.30 p.m. at village Kikirda applicants set the complainant Shankar Lal Manjhi's house on fire. As per the affidavit of said complainant, which is part of the bail application matter has been compromised and he has no objection on releasing applicants on bail.

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. As per the photocopy of the memo of arrest of applicants no antecedents are reported against them.

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 one solvent surety for a sum of Rs. 25,000/- each along with a personal bond of Rs. 25,000/- each to the satisfaction of the concerned Court with the condition that they shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde