Rahul Vishwas & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1687 of 2020 1.

Rahul Vishwas, S/o. Shri Prashant Vishwas, Aged About 25 Years 2.

Ajay Vishwas S/o Shri Prashant Vishwas Aged About 28 Years 3.

Sanjay Vishwas S/o Shri Santosh Vishwas Aged About 25 Years 4.

Sujit Vishwas S/o Shri Susen Vishwas Aged About 21 Years 5.

Viplav Mandal S/o Shri Vikas Mandal Aged About 22 Years 6.

Tapan Payik S/o Gautam Payik Vishwas Aged About 21 Years 7.

Prashant Vishwas @ Chhotu Bengali S/o Late Shanti Vishwas Aged About 52 Years 8.

All are R/o. Village Sagarpur Police Chowki Ganesh Moad, Police Station And Tehsil - Balrampur, District- Balrampur, Ramnujganj, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Balrampur, District Balrampur, Ramanujganj, Chhattisgarh.

---- Respondent For Applicants : Mr. Shakti Raj Sinha, Advocate For Respondent/State : Mr. V.R. Tiwari, Addl. A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/05/2020 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.11/2020, registered at Police Station - Balrampur, District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Section 147, 148, 186, 294, 323, 332, 353, 395, 450, 506 of the Indian Penal Code

and Section 11 (e) of C.G. Sthaniya Pradhikaran (Nirvachan Apradh) Adhiniyam, 1964.

2.

It is submitted by the learned counsel for the applicants that the applicants have been falsely implicated in this case. No case is made out against the applicants. The applicants are in jail since 06.02.2020. Hence, it is prayed that the applicants may be enlarged on regular bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the allegation against the applicants is of serious nature, therefore, they are not entitled for grant of bail.

4.

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

5.

It is alleged that on 20.01.2020, when the panchayat election was being conducted, the applicants formed an unlawful assembly, they abused, threatened and assaulted the complainant and other victim and also looted the ballot paper. Hence, this case. 6.

Considering that these applicants are in jail since about more than three months and also that charge-sheet has been filed. Further the trial of the case is likely to take some time for its completion, this Court is of the opinion that present is a 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.

8.

It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the

like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram