Prabhat Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2831 of 2016 Prabhat Singh, S/o. Shravan Singh, Aged About 31 Years, R/o. Barsur Shahid Chowk, District Dantewada, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Geedam, District Dantewada, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Kishore Narayan, Advocate For Respondent :

Mr. Vinod Tekam, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.06.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.79/2015 registered at Police Station Geedam, District Dantewada (C.G.) for the offence punishable under Section 448, 385, 353 & 186/34 of Indian Penal Code and Section 6 of the Chhattisgarh Sarvajanik Pariksha Adhiniyam.

2.

Case of the prosecution, in brief, is that the applicant along with other co-accused by projecting themselves to be the Reporters of paper went into the School and obstruct the government official in discharging their duties and thereafter assaulted them. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated as they objected the mass cheating and reported the fact to the general public and media. He further submits that the other similarly placed co-accused namely Deepak

jaiswal has been enlarged on bail by the co-ordinate Bench of this Court on 06.06.2016 in M.Cr.C. No.2547 of 2016, therefore, the present applicant may also be enlarged on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he is not able to dispute the fact that the other similarly placed co-accused has been enlarged on bail. 5.

Perused the case diary and the documents. Considering the degree of allegation and the fact that the other similarly placed co-accused has been enlarged on bail by this co-ordinate of this Court, I am inclined to release the applicant on bail.

6.

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

7.

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 as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok