Ramesh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4156 of 2015 Ramesh Kumar, S/o Shri Sahoran Khare, aged about 50 years, residents of Village Maarukapa, Police Station Lalpur, Civil District Bilaspur and Revenue District Mungeli (C.G.). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Lalpur, Civil District Bilaspur and Revenue District Mungeli (C.G.). ---- Non-applicant For Applicant :

Shri Pallav Mishra, Advocate For Non-applicant :

Shri Aditya Sharma, Panel Lawyer for the State.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/08/2015 (1) Heard.

(2) This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested on 06.02.2015 in connection with Crime No.31/2015, registered at Police Station Lalpur, Mungeli, District Bilaspur, for the offence punishable under Sections 307, 341, 147, 149, 294, 506, 186, 353 & 332 of the Indian Penal Code and Sections 7, 11(e) & 14(d) of the Chhattisgarh Local Authorities (Electoral Offences) Act, 1964.

(3) 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 17.06.2015 passed by this Court in M.Cr.C. No.2639 of 2015, M.Cr.C. No. 2698 of 2015 and M.Cr.C. No.2743 of 2015. Therefore, on the ground of parity present applicant may also be released on bail. (4) On the other hand, learned counsel for the State after verifying the record did not dispute the above contention. (5) I have heard the counsel appearing for the parties and perused the case diary.

(6) 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 o bail. (7) 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 L/-