Uttam Lohar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2358 of 2021 • Uttam Lohar S/o Lallu Lohar Aged About 33 Years R/o Ward No. 5, Thakur Para, Khairagarh,thana And Tehsil- Khairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer, Police StationKhairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent For Applicant - Mr. Basant Kaiwartya, Advocate For State - Mr. Aditya Bhardwaj, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.07.2021 1.

This is the first bail application filed under Section 439 of CrPC for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 358/2019 registered in Police Station Khairagarh Distt. Rajnandgaon (C.G.) for offence punishable under Sections 294, 186, 436, 34 of Indian Penal Code. 2.

As per prosecution case, on 01.10.2019, a written report was lodged that the applicant along with the co-accused Uttam Lohar went to the Nagar Palika Parsihad poured kerosene in the office and set it fire whereby certain persons sustained injuries. It is also stated that the applicant was in drunken condition at the time of incident. 3.

Learned counsel for the applicant submits that the other co-accused Rajendra Agrawal has been enlarged on bail by the co-ordinate Bench of this Court in MCRC No. 2813/2020 on 02.06.2020 and the case of the present applicant is similar to that one, therefore the present applicant may also be enlarged on bail. 4.

Learned State counsel is not able to dispute the fact that co-accused Rajendra Agrawal has been enlarged on bail and the case of the present applicant is similar to that.

5.

Considering the fact that the co-accused has already been enlarged on bail, I am

inclined to release the applicant on bail. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) Judge Vishakha