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Keshav Singh Vs State Of Chhattisgarh

Case No: Miscellaneous Criminal Case (MCRC) No. 3169, 3825 Of 2018

Date of Decision: June 26, 2018

Acts Referred: Indian Penal Code, 1860 — Section 34, 294, 452, 506B#Code Of Criminal Procedure, 1973 — Section 439

Hon'ble Judges: Goutam Bhaduri, J

Bench: Single Bench

Advocate: KPS Gandhi, Dheerendra Pandey, SRJ Jaiswal

Final Decision: Allowed

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Judgement

Goutam Bhaduri, J

1. Since both these bail applications are arising out of the same crime, therefore, they are decided together by this common order.

2. These are the First Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have

been arrested on 25.03.2018 & 24.03.2018 in connection with Crime No.225/2018 registered at Police Station Civil Line District Bilaspur (CG) for the

offence punishable under Sections 294, 452, 506B & 34 IPC.

3. As per the prosecution case, on 13.02.2018 a report was made by Arun Kumar Pandey that the applicants entered into his house and forced him to

get his daughter married with Keshav Singh, abused them and threat was extended that if the marriage is not performed then they will throw acid on

the family members of the complainant including the daughter. Thereby the offence has been committed.

4. Learned counsel for the applicants submit that the applicants have been falsely implicated and only on the basis of presumption aggravated report is

made. They further submit that the charge-sheet in this case has been filed and no further investigation is necessary, therefore, the applicants may be

released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the facts & circumstances of the case and the nature of allegations and also taking into that the applicants are in jail since 24.03.2018, I

am inclined to release the applicants on bail.

7. Accordingly, both the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond

in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each

and every date given by the said Court.

8. It is further directed that the applicants shall make their appearance before the concerned police station once in a month on the first Monday of the

month till the trial is concluded so as to ensure that no further aggravated act will be committed by them.