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Judgment
16 paragraphs · 272 wordsThis is the first bail application 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.03/2017 registered at Police Station Kallari, District Dhamtari (C.G.) for the offence punishable under
Sections 147, 148, 149, 302, 342 of the IPC, Sections 25 & 27 of the Arms Act, Sections 10, 13, 16, 18, 20 of Unlawful Activities (Prevention) Act and
Section 8 of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005.
Case of the prosecution, in brief, is that the applicants along with co-accused committed murder of the deceased and thereby committed the
aforesaid offences.
Learned counsel for the applicants would submit that the applicants have not committed any offence and have been falsely implicated in crime in
question, the applicants are in jail since 28-09-2017 and no useful purpose will be served by detaining them in jail, therefore, they may be released on
regular bail.
On the other hand, learned counsel for the State would oppose the bail application.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and the
manner in which the offence is said to have been committed by the applicants, this Court is not inclined to extend the benefit of regular bail to the
applicants.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected. However, the Trial Court concerned is directed to expedite the
trial.
