Ratiram Lahre v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2030 of 2018 • Ratiram Lahre S/o Late Shri Chheduram Lahre Aged About 57 Years R/o- Village Khaira, Katgi, Police Station Kasdol, District- Baloda Bazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through- Station House Officer, Police Of Police Station- Kasdol, District- Baloda Bazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent & MCRC No. 2524 of 2018 • Madan Diwakar S/o Ratanlal Diwakar Aged About 31 Years R/oVillage- Khaira, P.S.- Kasdol, District- Baloda-Bazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through- P.S. Kasdol, District- Baloda-BazarBhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicants :
Mr. Anil Gulati, Advocate in MCRC No.2030 of 2018.
Mr. Hemant Gupta, Advocate in MCRC No.2524 of 2018.
For Respondent :
Mr. Aditya Sharma, Panel Lawyer.
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Page No.2 Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01/05/2018
1. Since the above bail applications arise out of the same crime number, they are being disposed of by this common order.
2. Both these applications are first bail applications of the above applicants under Section 439 of the Code of Criminal Procedure, for grant of regular bail to the applicants as they have been arrested in connection with Crime No. 354/2017, registered at Police StationKasdol, District - Baloda Bazar-Bhatapara(C.G.) for the offence punishable under Section 341, 294, 506-B, 323, 325, 364, 367 r/w Section 34 of Indian Penal Code.
3. Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated in this case. Applicant Madan Diwakar is in jail since 13.3.2018 and applicant Ratiram is in jail since 28.9.2017. No case is made out against them. Presently the case before the trial Court and the trial is likely to take some time before its conclusion. The co-accused persons have been granted bail by this Court, hence, it is prayed that they may also be released on regular bail.
4. Learned counsel for the respondent/State opposes the applications and submissions made in this respect.
5. Heard both the parties and perused the case diary.
6. According to prosecution case, it is alleged that these applicants along with the co-accused persons had abducted the victim Gorelal on 18.9.2017, on account of some previous case in which the victim was the complainant. It is also alleged that these applicants and the co-
Page No.3 accused persons compelled and pressurized the victim to compromise in the earlier case filed by him by using abusive words, threats and also assaulting him, thereafter the victim was abducted and taken in a vehicle by all of them forcefully, but later on, released by them on repeated requests made by the victim. Hence, the FIR was lodged.
7. Considered all the material present in the case diary, some co-accused persons have been granted bail by this Court, for this reason, I am of this view that the applicants also deserves to be enlarged on regular bail on the ground of parity.
8. Accordingly, the bail applications filed under Section 439 of Cr.P.C. are allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the trial Court concerned, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha