Lalla @ Dinesh Banjare & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8402 of 2019

1. Lalla @ Dinesh Banjare & Anr. S/o Late Taran Banjare, Aged About 24 Years R/o Ameri, Police Station Sarki, District Bilaspur, Chhattisgarh.

2. Vicky @ Parmeshwar Rajak S/o Sadhram Rajak, Aged About 22 Years R/o Atal Awas, P- Block, Sakri, Police Station Sakri, District Bilaspur, Chhattisgarh.

----Applicants

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Tarbahar, District Bilaspur, Chhattisgarh. ---- Respondent For Applicants :

Mr. Amit Kumar along with Ms. Gunjan Tiwari, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

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. 276/2019 registered at Police StationTarbahar, Bilaspur District - Bilaspur (C.G.) for the offence punishable under Sections 324, 294, 307, 34 of the IPC.

2. The prosecution story, in brief, is that, on 08.09.2019 at about 10:30 pm., the complainant and his friend was standing in the old bus stand and talking, at that time the present applicants came there and assaulted by means of blade to the complainant on account of old dispute, resulted which complainant sustained injuries. Based on

this, offence has been registered against the present applicants.

3. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the complainant has not sustained grievous injuries and there is no previous criminal antecedent against the applicants. He also submits that the applicants are in jail since 21.09.2019, 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, detention period of applicants and further considering the facts that the applicants are in jail since 21.09.2019 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 H.L. Sahu