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High Court Of ChhattisgarhMCRC/8040/2019allowed

Vikram Singh Jatav v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7827 of 2019

1. Bhupendra Singh Bhandari S/o Lakhan Singh Aged About 23 Years R/o Sodrai, Shankar Nagar, Police Station Shamshabad, District Agra, Uttar Pradesh.

2. Kamal Singh Bhandari S/o Kishan Singh Aged About 23 Years R/o Sodrai, Shankar Nagar, Police Station Shamshabad, District Agra, Uttar Pradesh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Ratanpur, Civil And Revenue District Bilaspur, Chhattisgarh. ---- Respondent MCRC No. 8040 of 2019 • Vikram Singh Jatav S/o Than Singh, Aged About 26 Years R/o Sodrai, Shankar Nagar, P.S. Shamshabad, District Agra (U.P.) At Present, R/o Jogi Amrai, P.S. Thana Ratanpur, District Bilaspur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S. Ratanpur, Civil And Revenue District Bilaspur Chhattisgarh. ---- Respondent For Applicants :

Mr. Nitansh Kumar Jaiswal, Advocate.

For Respondent :

Mr. Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08.01.2020 • The accused/applicants have moved these first bail applications (in MCRC No. 7817/2019) and the Second bail application (in MCRC No. 8040/2019, first bail application of the applicant was dismissed as withdrawn with liberty to revive the same after examination of material witnesses in MCRC No. 5655/2019 on 11.11.2019) under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 294/2019 registered at Police Station - Ratanpur, District (Civil and

Revenue) Bilaspur (C.G.) for the offence punishable under Sections 332/34, 457, 380/511, 427 of IPC (in MCRC No. 78172019) and Section 332, 457, 380, 427, 511/34 of IPC (in MCRC No. 8040/2019.) • Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that other co-accused namely Shivjeet @ Shivji Bhandari has already been granted bail by this Court on 16/12/2019 in MCRC No. 7000/2019, therefore, the present applicants may also be granted bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants and further considering the fact that co-accused namely Shivjeet @ Shivji Bhandari has been granted bail by this Court, as 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.

• Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu