Dayal Das Didi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4262 OF 2015

1. Dayal Das Didi S/o Bhagwat Das Didi Karsayal aged about 55 years

2. Taran Karsayal @ Lali S/o Hari Ram Karsayal aged about 50 years Both R/o village Pendri, Police Station Bhathapara (Gramin), District Balodabazar-Bhathapara (C.G.) ---Applicants

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station Bhathapara, Bhathapara Gramin, Distt. Balodabazar-Bhathapara (C.G.) ---Non-applicant For Applicants :

Mr. Pawan Kesharwani, Advocate For Non-applicant :

Mr. Siddahrth Rathore, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/08/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 88/2015, registered at Police Station Bhathapara (Gramin) Distt. Balodabazar-Bhathapara (C.G.), for the offence punishable under Sections 294, 506(B), 307, 325, 34 of I.P.C. 2.

Case of the prosecution, in brief, is that presents applicants assaulted Jhhala Ram and four others, by which, Jhhala Ram suffered grievous injury and other complainants were suffered simple injury. 3.

Learned counsel for the applicants submits that other co-accused persons have played the similar role as that of the present applicants and other co-accused persons have already granted regular bail by this Court vide

order dated 28/07/2015 passed in M.Cr.C. No. 3294/2015 and the role played by the present applicants is identical to that of the other co-accused persons. Therefore, the present applicants may also be released on regular bail on the ground of parity.

4.

On the other hand, learned counsel for the State submits that case of the present applicants is identical to other co-accused persons, who have granted bail by this Court vide order dated 28/07/2015 passed in M.Cr.C. No. 3294/2015.

5.

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

6.

Taking into consideration the facts and circumstances of the case particularly the order passed by this Court on 28/07/2015 in M.Cr.C. No. 3294/2015 granting regular bail to the other accused persons, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is ordered that the applicants, namely, Dayal Das Didi and Taran Karsayal @ Lali shall be released on bail on their furnishing a personal bond of Rs.25,000/- each along with one surety of the like amount to the satisfaction of the trial Court for their appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari