High CourtsSingle Bench

Golu Satnami vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 7 May 2018 · Citation: (2018) 05 CHH CK 0039

HON’BLE JUDGES
SANJAY K. AGRAWAL, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 294, 506, 427, 452Prevention of Public Property Damage Act, 1984 — Section 3
RESULT
Allowed
CASE NUMBER
M.Cr.C. No. 1750, 2703 of 2018
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Judgment

21 paragraphs · 383 words
1.

Since the aforesaid bail applications filed by the applicant(s) are against the same Crime No.499/2017, they are being disposed of by this common

order.

2.

These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who

have been arrested in connection with Crime No.499/2017 registered at Police Station Chowki Sakri, P.S. Chakarbhata, District Bilaspur (C.G.) for

the offence punishable under Sections 147, 148, 294, 506, 427, 452 of the Indian Penal Code and Section 3 of the Prevention of Public Property

Damage Act, 1984.

3.

Case of the prosecution, in brief, is that the present applicants along with other co-accused persons entered into the liquor shop, armed with deadly

weapons, threatened and abused the sales man and caused damage to the property in the liquor shop and thereby committed the aforesaid offence.

4.

Learned counsel for the applicants would submit that the applicants have not committed any offence and have been falsely implicated in crime in

question, they are in jail since 24-10-2017 & 25-11-2017 respectively and charge-sheet has been filed. He would further submit that Co-accused

persons have been released on bail by order of this Court dated 13-02-2018 in M.Cr.C. No.7669/2017, therefore, the applicants may be released on

regular bail.

5.

On the other hand, learned counsel for the State would oppose the bail applications.

6.

I have heard learned counsel appearing for the parties and perused the case diary.

7.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and the

fact that co-accused persons have been released on bail by order of this Court dated 13-02-2018 in M.Cr.C. No.7669/2017, the applicants are in

custody since 24-10-2017 & 25-11-2017 respectively, this Court is of the opinion that present is a fit case in which the applicants should be enlarged

on regular bail.

8.

Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that the applicants shall be released on bail on

each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for

their appearance as and when directed.