Pritinker Diwaker, J
1. This application under Section 439 of the Code of Criminal Procedure has been filed by the applicants who are in custody in connection with Crime
No. 74/2018 registered at Police Station City Kotwali, District Raigarh for commission of the offences punishable under Sections 294, 354-B, 323, 458,
34 IPC and Sections 3(1)(D), 3(2)(5) A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
2. Case of the prosecution in short is that the applicants had entered the house of complainant Rakesh Gond and assaulted his family members with
hockey sticks, rod and club.
3. Counsel for the applicants submits that the unfortunate incident took place when the complainant objected to applicant Rajveer Singh Bhatia from
making his dog ease in front of his house. He submits that even if the entire case of the prosecution is taken as it is, offence under the Special Act is
not made out against the applicants. He further submits that as the trial is likely to take some time for conclusion and the applicants are already in jail
since 4.6.2018, they may be released on bail.
3. State counsel however opposes the application for bail.
4. Considering the facts and circumstances of the case, the fact that the applicants are in jail since 4.6.2018, this Court is of the opinion that it is a fit
case to release them on bail. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them furnishing a
bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court for their appearance before that Court as
and when directed.
