Vikky Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 6268 of 2017 Vikky Verma S/o Dev Prasad Verma, aged about 20 years, R/o Dabrapara, Bhilai - 3, District Durg, Chhattisgarh. (Applicant name is not mentioned in order sheet) ---- Applicant

Versus

State of Chhattisgarh through Police Station Durg, Chhattisgarh. ---- Respondent For Applicant :

Shri Samir Singh, Advocate For Respondent/State :

Shri Garry Mukhopadhyay, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 27/11/2017 This is the first bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 57/2017 registered at Police Station Durg, District Durg (CG) for the offence punishable under Sections 294, 341, 147, 148, 149, 186, 353, 427, 435, 307/34 of IPC and Section 3 of Lok Sampati Nuksani Niwaran Adhiniyam, 1984. The applicant is in jail since 10.09.2017. 2.

The allegation against the applicant is that he was a member of a mob which had assembled on account of a road accident. When the police parties reached the spot, the applicant and the mob are said to have assaulted the police personals causing injuries to couple of police persons. 3.

Counsel for the applicant submits that few of the co-accused persons had filed separate applications for grant of bail and they have been granted bail by the co-ordinate Bench of this Court on 08.08.2017 in MCRC Nos. 4328/17, 4330/17 & 4346/17. He submits that the allegation levelled

against the present applicant is also identical in nature and therefore the applicant also deserves the same treatment and he may be enlarged on bail.

4.

State counsel, however, opposes the bail application on the ground that the present applicant was the person who was identified by the police personal as an active member of the mob, therefore, he does not deserve to be released on bail.

5.

Considering the facts and circumstances of the case more particularly taking note of the fact that few of the co-accused persons have already been granted bail by the co-ordinate Bench vide order dated 08.08.2017, this Court is of the opinion that the present applicant also deserves the same treatment.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Bhola