Smt. Umabai v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 294 of 201

1. Smt. Umabai, W/o. Jhadiram Sahu, Aged About 40 Years, Occupation Housewife, R/o Ghana, P.S. Bhatgaon, District Baloda Bazar/ Bhatapara, Chhattisgarh.

2. Rupesh Kumar Akela, S/o Chhattram Satnami (Alone), Aged About 35 Years, R/o. Village Chisda, Post Office- Hasoud, Police StationHasoud, Civil & Revenue Distt. Janjgir Champa, Chhattisgarh.

3. Mohan, S/o. Firanna, Aged About 47 Years, Occupation Agriculturist, R/o. Village Chisda, Post Office- Hasoud, Police Station- Hasoud, Civil & Revenue Distt. Janjgir Champa, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh, Through the Station House Officer, Police StationHasoud, Civil & Revenue District Janjgir-Champa, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Ms. Nand Kumar Kashyap, Advocate For Respondent :

Mr. Satish Gupta, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.01.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.18/2015, registered at Police Station- Hasaud, District Janjgir-Champa (C.G.) for the offence punishable under Section 147, 148, 149, 332, 186, 353, 427, 324 of Indian Penal Code and Section 135(A), 136 of the Representation of Peoples Act, 1951.

2.

Learned counsel for the applicants submits that the other coaccused persons have played the similar role as that of the present applicants and other co-accused persons namely Resham Lal Barman & Munna Kahra have already granted regular bail by the co-ordinate Bench of this Court vide order dated 28.09.2015 & 08.10.2015 in M.Cr.C. No.5111/2015 & 5340/2015 respectively and the role played by the present applicants are identical to that of the other co-accused persons. Therefore, the present applicants may also be released on regular bail on the ground of parity. 3.

Per contra, learned State counsel opposes the prayer for grant of bail, however, after verification, he do not dispute the fact that the other similarly placed co-accused have been enlarged on bail by the co-ordinate Bench of this Court.

4.

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

5.

Having regard to the facts and circumstances of the case and considering the degree of allegation and the fact that the other similarly placed co-accused have been enlarged on bail, I am inclined to release the applicants on bail.

6.

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

7.

It is directed that applicants shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Ashok