Parmeshwar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5973 of 2015

1. Parmeshwar S/o Purushottam Ram Rajwade Aged About 35 Years Upsarpanch R/o Narmadapara, Chiklahdih, P.S. Gandhi Nagar, Tahsil Ambikapur, Distt. Surguja Chhattisgarh

2. Satish Rajwade S/o Devsharan Rajwade Aged About 34 Years Panch, R/o Narmadapara, Chiklahdih, P.S. Gandhi Nagar, Tahsil Ambikapur, Distt. Surguja Chhattisgarh

3. Setram @ Bulet S/o Jagdish Aged About 19 Years Caste Bargha R/o Narmadapara, Chiklahdih, P.S. Gandhi Nagar, Tahsil Ambikapur, Distt. Surguja Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, P.S. Gandhi Nagar, Distt. Surguja Chhattisgarh ---- Respondent For applicants - Shri Jitendra Shrivastava, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 16/11/2015 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 194/2015 registered in Police Station Gandhi Nagar, Dist. Sarguja for offence punishable under section 294, 506, 323, 325, 458, 147, 148, 149 of IPC. 2.

As per the prosecution case, applicants along with other co-accused assaulted one Durga Pandey on 24/09/2015 over the land dispute.

3.

Learned counsel for the applicants submits that complainant himself was making encroachment over the land and therefore complaint

was made to the higher authorities. He further submits that complainant was also encroaching upon the play field of the children of the village, consequently when it was objected, false report has been registered, therefore applicants may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that charge sheet has been filed and the nature of allegations against these applicants and the way the offence has been stated to have been committed and the fact that applicants are in jail since 29/09/2015, this court is inclined to release the applicants on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri