Ravi Yadav @ Khiladi And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1947 OF 2016 1.

Ravi Yadav @ Khiladi S/o Hemaram Yadav aged about 28 years R/o Pandari Tarai Raipur District Raipur Chhattisgarh 2.

Chini @ Manoj Yadav S/o Noharlal Yadav aged about 30 years R/o Nehru Nagar Chandani Chowk Near Shiv Mandi Raipur Tahsil and District Raipur C.G.

Present Address Pandari Talab Par Near Shiv Mandir Police Station Devendra Nagar District Raipur C.G.

---Applicants

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Devendra Nagar District Raipur C.G.

---Non-applicant For Applicants :

Mr. C.R. Sahu, Advocate For Non-applicant :

Mr. Avinash Singh, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/04/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 129/2015, registered at Police Station Devendra Nagar, Raipur District Raipur (C.G.), for the offence

punishable under Sections 294, 506, 323, 341, 147, 149, 306 of I.P.C.

2.

Case of the prosecution, in brief, is that on 04/11/2015 the applicants alongwith five other co-accused persons assaulted Rohit Singh @ Dharnidhar Pratap Singh and his brother Parikshit Singh and out of frustration and humiliation, he committed suicide by hanging.

3.

Learned counsel for the applicants submits that other co-accused person- Keshav Baghel has played the similar role as that of the present applicants who has already granted regular bail by this Court vide order dated 10/03/2016 passed in M.Cr.C. No. 1185/2016 and the role played by the present applicants is identical to that of the other co-accused person. Therefore, the present applicants may also be released on regular bail on the ground of parity.

4.

On the other hand, learned counsel for the State submits that case of the present applicants is identical to other co-accused person, who has granted bail by this Court vide order dated 10/03/2016 passed in M.Cr.C. No. 1185/2016.

5.

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

6.

Taking into consideration the facts and circumstances of the case, nature and gravity of offence, pretrial detention of the applicants, particularly the order passed by this Court on 10/03/2016 in M.Cr.C. No. 1185/2016 granting regular bail to the other accused person, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is ordered that the applicants, namely, Ravi Yadav @ Khiladi and Chini @ Manoj Yadav shall be released on bail on their furnishing a personal bond of Rs.25,000/- each along with one surety of the like amount to the satisfaction of the trial Court for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari