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High Court Of ChhattisgarhMCRC/3394/2016partly allowed

Sanjay Kumar Patel And ORS v. State Of Chhattisgarh

2016-07-07Hon'Ble Shri Justice Goutam Bhaduri3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3394 of 2016

1. Sanjay Kumar Patel s/o. Makhan Lal Patel Aged About 25 Years R/O Village Rathkhandi, P.S. Kota, District Bilaspur, Chhattisgarh.

2. Mahesh Ram Patel S/O Sonau Ram Patel Aged About 45 Years R/O Village Rathkhandi, P.S. Kota, District Bilaspur, Chhattisgarh.

3. Makhan Lal Patel S/O Sonau Ram Patel Aged About 60 Years R/O Village Rathkhandi, P.S. Kota, District Bilaspur, Chhattisgarh.

4. Lakhan Patel S/O Sonau Ram Patel Aged About 60 Years R/O Village Rathkhandi, P.S. Kota, District Bilaspur, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through S.H.O., Police Station Kota, District Bilaspur, Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------- For Applicants :

Mr. Awadh Tripathi, Advocate For Respondent/State :

Mr. O.P. Sharma, Govt. Advocate.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.07.2016 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 on 23-12-2015 & 25-11-2015 in connection with Crime No. 403 of 2015, registered at Police Station Kota, District Bilaspur (CG) for the offence punishable under Sections 186, 353, 332, 506, 294, 435, 323, 147 & 148 of the IPC. 2.

As per prosecution case, on 24-11-2015 the applicants along with other co-accused persons deterred the process server from executing the decree, abused and assaulted him and thereafter poured kerosene on JCB and paddy, thereafter set it on fire and also assaulted relative of the decree holder wherein he sustained

fracture on the parietal bone and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicants would submit that without disconnection of the electric wire, decree holder and process server tried to execute the possession warrant which resulted into such fire and it is improbable that a person would set fire to his own paddy and house. He would further submit that similarly placed co-accused persons namely Nand Kishore and Naval Patel have been enlarged on bail vide order dated 4-4-2016 passed by the co-ordinate Bench of this Court in M.Cr.C.No.1799 of 2016, charge-sheet has been filed in this case, the applicants are in jail since 23-12-2015 and 25-11-2015 and the alleged offence said to be committed by the applicants is triable by the Judicial Magistrate First Class, therefore, they may be released on bail.

4. On the other hand, learned State counsel opposing the prayer for grant of bail would submit that the co-accused Nand Kishore Patel and Naval Patel have been enlarged on bail by this Court as they were not named in the first information report and on verification he would submit that the name of applicant No.1 Sanjay Kumar Patel also does not find place in the first information report. 5.

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

6.

Taking into consideration the totality of the circumstances, degree of offence and nature of allegation leveled against the applicants No.2, 3 and 4 and the manner in which they committed the aforesaid offence, I am not inclined to release them on bail. Accordingly, their bail application is liable to be is hereby dismissed.

7.

So far as applicant No.1 Sanjay Kuamar Patel is concerned, taking into consideration the facts of the case and the fact that his name does not find place in the first information report, I am inclined to release the applicant No.1 Sanjay on bail. 8.

Accordingly, the bail application of applicant No.1 Sanjay Kumar Patel filed under Section 439 of the Cr.P.C. is allowed and it is directed that he 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju