PREM SINGH vs STATE OF CHHATTISGARH

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been

arrested in connection with Crime No.127/2017, registered at Police Stationâ€" Podi, District Korea (C.G.) for the offence punishable under

Sections 294, 506-B, 323, 458, 325 r/w Section 34 of the Indian Penal Code.

Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case, according to the material

present in the charge-sheet filed against them. Apart from offence filed under Section 458 of IPC, all the remaining offence registered against them

are bailable in nature. Hence, it is prayed that applicants may be granted regular bail.

Learned State counsel opposes the bail application and submissions made in this respect.

Heard both the parties and perused the case diary.

It is alleged that on the date of incident, both the applicants and one another have by forcing entry into the house of the complainant Mangal Singh

at 9 pm in the night, used abusive words and threatened him, thereafter, they assaulted and injured Mangal Singh and his wife Smt. Kamli Bai. Mangal

Singh suffered a fracture on his finger of the right hand thus grievous injury was caused to him, whereas Kamli Bai suffered simple injury. After

lodging of FIR, the case has been.

Considering the nature of offence against those applicants and that they are in jail since 13.9.2017. The case against them is triable by JMFC and

the trial is likely to take some time before its conclusion. For these reasons, I am of this view that this is a fit case where applicants

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

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

appearance as and when directed.