Kamlesh Kumar And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4926 of 2016

1. Kamlesh Kumar, S/o. Kishan Singh Pav, Aged About 22 Years.

2. Lal Man, S/o. Lallu, Aged About 22 Years.

Both are R/o. Village Katra, P.S. Marwahi, Civil & Revenue District Bilaspur, Chhattisgarh --- Applicants

Versus

State Of Chhattisgarh, Through P.S. Marwahi, District Bilaspur, Chhattisgarh.

--- Respondent -------------------------------------------------------------------------------------------------- For Applicants :

Mr. Shashi Bhushan Tiwari, Advocate For Respondent :

Mr. Neeraj Sharma, Dy. Govt. Advocate.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/08/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.23/2015 registered at Police Station- Marwahi, District Bilaspur (C.G.) for the offence punishable under Sections 147, 148, 353, 435, 458, 427, 395 & 171(C) of IPC.

2.

Case of the prosecution, in brief, is that the present applicants alongwith other co-accused persons after completion of election robbed ballot papers at voting center No.6 at Marwahi and burnt the same and thereafter they also damaged the property of the said polling centre and thereby committed the aforesaid offence. 3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated in crime in question. He further submits that the similarly placed co-accused have been enlarged on bail by this

Court in M.Cr.C. No. 6121/2015 on 17.11.2015 and in M.Cr.C. No. 4354/2016 on 08.08.2016 and also by the coordinate Bench of this Court in M.Cr.C. No. 4174/2015 and M.Cr.C. No. 3922/2015 and the nature of allegations against the present applicants are not different from that of persons who have been enlarged on bail, therefore, the present applicants may also be enlarged on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail and would submit that the applicants along with other coaccused interfered with the democratic process, robbed ballot papers and burnt the same is a serious offence, therefore, they are not entitled to be released on bail. However, he do not dispute the fact that similarly placed co-accused have been granted bail by this Court and coordinate Bench of this Court. 5.

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

6.

Taking into consideration the totality of facts and circumstances, nature and gravity of offence, charge sheet has been filed and looking to the pre-trial detention of the applicants as they are stated to be in jail since 04.07.2016 as also the fact that similarly placed co-accused have already been enlarged on bail by this Court and coordinate Bench of this Court, I am inclined to release the applicants also on bail.

7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on furnishing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) ashok Judge