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High Court Of ChhattisgarhMCRC/4878/2016allowed

Ajay Shukla v. State Of Chhattisgarh

2016-08-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4878 of 2016 Ajay Shukla, S/o. Ramnarayan Shukla, Aged About 26 Years, R/o. Near Hatt Bazar, Kushalpur, P.S. Purani Basti, District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through P.S. Tikrapara, District Raipur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Devershi Thakur, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 24.08.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.240/2016 registered at Police Station- Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 452, 294, 506, 323, 427, 34 of Indian Penal Code.

2.

As per the prosecution case, on 19.06.2016 the applicant alongwith other three co-accused persons went to the Petrol Pump at about 1 a.m. and thereafter some altercation took place and the applicant forcefully entered into the cabin and assaulted the employees of the Petrol Pump.

3.

Learned counsel for the applicant would submit that the similarly placed co-accused have been enlarged on bail by this Court on 17.08.2016 in MCRC No.4648 of 2016 and on 22.08.2016 in MCRC No. 4738 of 2016 and the case of the present applicant is also

similar to that of the other co-accused, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the similarly placed co-accused have been enlarged on bail by this Court. 5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and also the fact that the similarly placed co-accused have been enlarged on bail, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok