Smt. Ranjana & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8365 of 2019

1. Smt. Ranjana, W/o Late Koushal Yadav, Aged About 30 Years, Permanent R/o Jewra - Sirshakhurd District - Durg (C.G.). At present, R/o Avenue A. B. K - 3 Sectore - 6 Police Station- Sectore - 6 Kotwali District - Durg Chhattisgarh.

2. Smt. Deepa, W/o Late Surendra @ Pappu Yadu, Aged About 32 Years, R/o Village - Mohrenga, Police Station - Nandni, District - Durg Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh, Through District - Magistrate Bemetara, Station House Officer, Police Station- Berla, District - Bemetara Chhattisgarh. ---- Respondent For Applicants : Mr. Sanjeev Kumar Sahu, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.02.2020

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. 254/2019 registered at Police Station- Berla, District - Bemetara, (C.G.). for the offence punishable under Sections 302, 120 B, 201,34 of I.P.C.

2. The prosecution story, in brief is that, on 04.08.2019, the applicants has made conspiracy of murder of deceased with other co-accused persons. Co-accused persons took the deceased outside the house and then killed him by throwing stone upon 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 the present applicants are not the main accused. The applicants are in jail since 04.09.2019, 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 present applicants are not the main accused. The applicants are in jail since 04.09.2019 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