Allowed

Gopal Dewangan & Anr. v. State of Chhattisgarh

Chhattisgarh HC18 Feb 2019MCRC/58/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the applicants in an attempt to murder case. The Court held that as the complainants had compromised the matter and expressed no objection to release, the applicants could be released upon furnishing two solvent sureties and executing a personal bond to appear at the trial court.

What did the court decide?

Applicants released on bail upon furnishing two solvent sureties for Rs. 25,000/- each and a personal bond of Rs. 50,000/.

Gopal Dewangan & Anr. Vs State of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 58 of 2019

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Gopal Dewangan S/o Mahesh Dewangan Aged About 25 Years,R/o Village Katgi, Police Station Kasdol District Balodabazar- Bhatapara Chhattisgarh. District : Balodabazar-Bhathapara, Chhattisgarh

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Rajesh Dewangan S/o Ramkumar Dewangan Aged About 26 Years R/o Village Katgi, Police Station Kasdol District Balodabazar- Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

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---- Applicants

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Versus

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State Of Chhattisgarh Through Its Police Station Kasdol, Civil And Revenue District Balodabazar Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

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---- Non-applicant For Applicants : Mr. Ravi Maheshwari, Advocate. For Non-applicant : Ms. M. Asha, Panel Lawyer

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Hon'ble Shri Justice Sharad Kumar Gupta

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Order On Board

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18.02.2019

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This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

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Perused the case diary provided by the learned counsel for the State in connection with crime No. 496/2018 registered at Police Station – Kasdol, Civil And Revenue District Balodabazar (C.G.) for the offence punishable under Sections 307, 34 of the Indian Penal Code.

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Case of the prosecution, in brief is that on 24.09.2018 at about 6:50 pm

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at village Katgi, applicants, coaccused Satish Dewangan had beaten

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complainants Vivek Kumar Thwait, Ravi Kumar, Shrawan Kumar by wooden club. Complainant Vivek, Ravi had got injuries on head. Complainant Shrawan, got injuries on right forearm and left arm.

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Learned counsel for the applicants submits that the applicants have no criminal background. They are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

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On the other hand, learned counsel for the State opposes the bail application, however, he submits that one criminal case has been registered against the applicants under IPC.

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As per the certified copy of the compromise dated 03.12.2018 and affidavit dated 06.12.2018 which are part of the bail petition. Complainant Vivek, Ravi and Shrawan had compromised the matter with the applicants and coaccused Satish. As per the said affidavit said complainants have no objection on release of the applicants and coaccused Satish.

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Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if each applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

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Certified copy as per rules.

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Sd/-

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(Sharad Kumar Gupta) JUDGE

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kishore

Gopal Dewangan & Anr. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gopal Dewangan & Anr. v. State of Chhattisgarh

Case brief

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