Ganesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3335 of 2015 • Ganesh s/o. Sevakdas Sahu, aged about 22 years, r/o. Village Khursi, Thana Lalpur, Civil Distt. Bilaspur & Revenue Distt. Mungeli (CG). ---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police Station Lalpur, Civil Distt. Bilaspur & Revenue Distt. Mungeli (CG). ---- Respondent For Applicant :

Mr. Akhilesh Kumar Advocate.

For Respondent/State :

Mr. Aditya Sharma Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/7/2015

1. Heard on admission.

2. Admit.

3. Issue notice.

4. Mr. Aditya Sharma, learned Panel Lawyer accepts notice on behalf of the State.

5. With consent of both the parties the matters are heard finally.

6. This is a second bail application. First bail application was dismissed as withdrawn with liberty to revive the same after filing of chargesheet.

7. The applicant has moved these applications under Section 439 of the Cr.P.C. for grant of regular bail, who has been arrested on 6-2-2015 in connection with Crime No. 31 of 2015 registered at Police Station Lalpur, Mungeli, District Bilaspur(CG), for the offence punishable under Sections 307, 341, 147, 149, 294, 506, 186, 353 & 332 of IPC and Sections 7, 11 (e) and 14(d) of CG Local Authorities (Electoral Offences) Act, 1964.

8.

Learned counsel appearing for the applicant would submit that the case of the present applicant is identical to the case of co-accused persons namely Balakdas Dhritlehre, Vishwanath Banjare and Malikram who have already been granted bail vide order dated 17-6-2015 passed by this Court in M.Cr.C.Nos. 2639 of 2015, 2698 of 2015 and 2743 of 2015. Therefore, on the ground of parity present applicant may also be released on bail. 9.

On the other hand, learned counsel for the State after verifying the record did not dispute the above contention.

10.

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

11.Taking into consideration all the facts and circumstances of the case, nature and gravity of the offence, applicant has not been named in the FIR, charge-sheet has been filed, pretrial detention of the applicant, no further custodial interrogation is required and further considering the fact that the co-accused persons have already been granted bail, I am of the considered opinion that prima facie it is a fit case where the applicant can be released on bail.

12. Accordingly, the bail application is allowed. It is ordered that the applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Raju