MCRC/9568/2018 of RAMSINGH GOND AND ANR. Vs STATE OF CHHATTISGARH on 20 December 2018

1. Ramsingh Gond S/o Ramkailash Aged About 19 Years R/o Kashikund,Nearby Government School, District- Sonbhadra, Uttar Pradesh. PresentR/o Sadar Road, Ambikapur, District- Surguja, Chhattisgarh.Nearby Government School, District- Sonbhadra, Uttar Pradesh. PresentR/o Sadar Road, Ambikapur, District- Surguja, Chhattisgarh.

2. Jagdish Prasad S/o Harish Prasad Aged About 40 Years R/o BamhaniWard No. 1, Karmantola, District- Sonbhadra, Uttar Pradesh, Present R/oRamanujganj, District- Balrampur, Chhattisgarh.Ward No. 1, Karmantola, District- Sonbhadra, Uttar Pradesh, Present R/oRamanujganj, District- Balrampur, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station-Chhal, District- Raigarh, Chhattisgarh.

---- Non-applicant

--------------------------------------------------------------------------------------------------For Applicants: Mr. G.V. Kutumba Rao, Advocate For Non-applicant: Mr. Ravindra Agrawal Govt. Advocate

-------------------------------------------------------------------------------------------------- 20/12/2018

Hon'ble Shri Justice Parth Prateem Sahu Order On Board

1. This is the first bail application filed under Section 439 of the Code ofCriminal Procedure for grant of bail to the applicants who have beenarrested in connection with Crime No. 84/2018 registered at PoliceStation Chhal, District Raigarh (C.G.) for the offence punishable underSections 279, 337, 304 read with Section 34 of the Indian Penal Code.Criminal Procedure for grant of bail to the applicants who have beenarrested in connection with Crime No. 84/2018 registered at PoliceStation Chhal, District Raigarh (C.G.) for the offence punishable underSections 279, 337, 304 read with Section 34 of the Indian Penal Code.

2. Case of the prosecution is that on 29.06.2018 at about 3.00 pm, whenthe applicant Ramsingh Gond was driving the truck bearing itsregistration No. CG15/D/5735 entered into the puncher repairing shopsituated by the side of the road and in the accident, two persons whoare mechanics of the shop came under the truck and succumbed todeath.the applicant Ramsingh Gond was driving the truck bearing itsregistration No. CG15/D/5735 entered into the puncher repairing shopsituated by the side of the road and in the accident, two persons whoare mechanics of the shop came under the truck and succumbed todeath.

3. Learned counsel for the applicant submits that at the time of accident,Ramsingh Gond was driving the truck and Jagdish Prasad was sittingon the truck, who was licensed driver of the truck. He further submitsthat the accident occurred due to some mechanical failure of the truck,therefore, the applicants may be enlarged on bail.Ramsingh Gond was driving the truck and Jagdish Prasad was sittingon the truck, who was licensed driver of the truck. He further submitsthat the accident occurred due to some mechanical failure of the truck,therefore, the applicants may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bailand submits that the said truck was examined by the truck mechanicand it has been found that there was no mechanical defect.and submits that the said truck was examined by the truck mechanicand it has been found that there was no mechanical defect.

5. I have heard learned counsel appearing for the parties and perused thecase diary.case diary.

6. Considering the facts and circumstances of the case and the manner, inwhich, accident took place as well as looking to the period of detentionof the applicants i.e. since 30.06.2018, I am inclined to release theapplicants on bail.which, accident took place as well as looking to the period of detentionof the applicants i.e. since 30.06.2018, I am inclined to release theapplicants on bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. isallowed. allowed.

8. It is directed that the applicants shall be released on bail on theirfurnishing a personal bond for a sum of Rs.10,000/- each with onesurety in the like sum to the satisfaction of the concerned trial Court, fortheir appearance as and when directed. furnishing a personal bond for a sum of Rs.10,000/- each with onesurety in the like sum to the satisfaction of the concerned trial Court, fortheir appearance as and when directed.

Sd/-

(Parth Prateem Sahu) Vacation Judge