Anil v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3410 OF 2016

1. Anil S/o Vouki Yadav, aged about 30 years, R/o Village Dude Baburi District Chandeli (UP)

2. Dilip Singh S/o Lalan Singh, aged about 28 years, R/o Village Lalaro, Thana Obang, District Aurangabad (Bihar) ... Applicants

Versus

State of Chhattisgarh, through District Magistrate, Kabirdham (PO) District Kabirdham (C.G.) ... Non-applicant For Applicant :

Mr. Shailendra Bajpai, Advocate.

For Non-applicant/State :

Mr. Shashank Thakur, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 07/06/2016 1.

This is the first bail application filed under Section 439 of CrPC for grant of bail to Applicants who have been arrested on 11.4.2016 in connection with Crime No.36/2016 registered at Police Station Pandatarai, District Kabirdham, for the offence punishable under Sections 147,148,149,323,307, 294 & 506 of IPC.

2.

Counsel for the applicants submits that the co-accused persons, against whom also the allegations being the same, have already been granted advantage of bail vide order dated 19.05.2016 passed in M.Cr.CA. No.541/2016, therefore, the present applicants may also be granted the advantage of bail on the ground of parity. 4.

State counsel though opposes the bail application, however, he submits that the case of the applicants is similar to the allegations levelled against the persons, who have been granted bail vide order dated 19.05.2016 passed in M.Cr.CA. No.541/2016.

-25.

Considering the total facts and circumstances of the present case and without going into merits of the case, this Court is of the view that it is a fit case where the Applicants deserve to be released on bail. 6.

Accordingly, the application for grant of bail is allowed. It is directed that in case the Applicants furnish a personal bond for a sum of Rs. 20,000/- for each with one surety of the like amount to the satisfaction of the concerned Trial Court then they shall be released on bail on the following further conditions:- (i) that the Applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (ii) that the Applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) that the Applicants shall appear before the Trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (P. Sam Koshy) /Nirala/ V. Judge