Mohanlal Pao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 Mohanlal Pao, S/o Ramprasad Pao, Aged about 35 years, R/o Village Kotarliya, Thana Chakradhar Nagar, Tahsil and District Raigarh (C.G.) .... Applicant

Versus

State Of Chhattisgarh Through Station Incharge, Police Station Chakradhar Nagar, District Raigarh ---- Non-applicant For Applicant:

Shri Anumeh Shrivastava, Advocate.

For Respondent/State:

Shri Neeraj Jain, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 8 /2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 139/2015 registered at Police Station Chakradhar Nagar, District Raigarh for the offences punishable under Sections 323, 341,294,506-B,307,435,147,148 & 149 of the Indian Penal Code. (2) Case of the prosecution, in brief, is that applicant alongwith seven co-accused persons not only abused but also assaulted complainants/injured-Ashish Goyal, Amit Goyal, Shanker Lal

Agrawal & Devendra Sahu, by which, they sufferred grievous injuries, which were sufficient to cause their death and thereby committed the aforesaid offences.

(3) Learned counsel appearing for the applicant would submit that the applicant is innocent person and he has been falsely implicated in the offence in question. He would further submit that co-accused persons namely Kishore Pradhan, Ravindra, Rajesh Pradhan, Moti Chand @ Gopi Chand, Sharad Pradhan & Arjun have already been granted regular bail by this Court vide order dated 07.07.2015 in M.Cr.C. No. 2574/2015 and, therefore, the present applicant may also be entitled for bail on the ground of parity.

(4) On the other hand, learned counsel for the State, after verifying the records, would submit that present case is similar to that of accused persons, who have already been granted regular bail by this Court vide order dated 07.07.2015 in M.Cr.C. No. 2574/2015.

(5) Considering the totality of the facts, in particular the fact that co-accused persons have already been granted regular bail by this Court vide order dated 07/07/2015 in M.Cr.C. No. 2574/2015; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one

surety in the like sum to the satisfaction of the trial Court. He is directed to 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 D/-