Additional Sessions Judge Bilaspur allowed the regular bail application of nine accused under Section 439 CrPC in a riot and mischief case. The court directed them to furnish a personal bond to be released.
Regular bail granted upon furnishing a personal bond of Rs. 25,000/- with two sureties each for the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4790 of 2020
All are r/o Village Juda Chowki-Lawan, Police Station Kasdol, district Baloda Bazar-Bhatapara Chhattisgarh
---- Applicants
Versus
----- Respondent
For Applicants : Shri Hemant Gupta, Advocate For Respondent/State : Ms. Sunita Jain, GA
Hon'ble Smt. Justice Rajani Dubey
Order on Board
01/09/2020
The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.326/2020 registered at Police Station – Kasdol, District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 147,148, 149,294,506-B,452 and 436 of the IPC.
It is the case of the prosecution that the complainant lodged a report against the applicant the applicants along with other coaccused persons had set off his house on fire.
Counsel for the applicants submits that he may be permitted to withdraw the application on behalf of applicants No. 5,8 and 9 as they have already been granted bail by this Court vide order dated 25.08.2020 in M.Cr.C. No. 4478/2020.
Accordingly, the application filed on their behalf is dismissed as withdrawn.
Counsel for the applicants submits that the applicants have been falsely implicated in the case. He further submits that there was a case and counter case against both the parties. He submits that the parties have entered into compromise and they have settled their dispute. He submits that similarly placed co-accused have been granted bail by this Court in M.Cr.C. No. 4478/2020 vide order dated 25.08.2020 and therefore, the present applicants may also be granted the benefit. Lastly, he submits that the applicants are in jail since 21.05.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore they may be released on bail.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicants' furnishing a
personal bond in the sum of Rs. 25,000/- with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail.
Sd/(Rajani Dubey) Judge
suguna
2 issues framed by the court
Whether the applicants should be granted regular bail during trial under Section 439 CrPC after filing a bail application.
Whether the applicants' submission that a compromise was reached and similar co-accused were granted bail would warrant releasing them on bail.
2 provisions across 2 enactments
Jivan Lal
Harbansh Kumar
Ajay Kumar
Bhuvneshwar
Rajkumar
Bhagchand
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
