High Court Of ChhattisgarhMCRC/6919/2015allowed

Neelkanth v. State Of Chhattisgarh

2015-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6919 of 2015

1. Neelkanth S/o Lakhan Satnami, Aged About 25 Years, R/o Village Rajanavagaon P.S. Rajanavagaon Chouki, Dist. Kabirdham, Chhattisgarh

2. Dharmendra S/o Laxman Satnami, Aged About 21 Years R/o Village Rajanavagaon, P.S. Rajanavagaon Chouki, Dist. Kabirdham, Chhattisgarh --- Petitioners

Versus

• State of Chhattisgarh through: Station House Officer, P.S. Kawardha Dist. Kabirdham, Chhattisgarh --- Respondent For the applicant :

Mr. Ajay Ayachi, Advocate.

For the Respondent :

Mr. Samir Behar, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 315 of 2015 registered at Police Station Kawardha Distt. Kabirdham (C.G) for the offences punishable under sections 294, 506, 323, 332, 353, 186/34 IPC.

2. As per the prosecution case, in the night of 23.10.2015 at about 1.30 a.m., a dispute arose over parking of vehicle as the applicants wanted to park the vehicle which was objected by the police which turned into altercation and subsequently the applicants have abused and assaulted the police officer, thereby the offence has been committed.

3. Learned counsel for the applicants submits that actually the applicants were assaulted by the police and the dispute erupted on the issue of parking of vehicle as the applicants were to look after some friend.

4. Per contra, learned State Counsel opposes the prayer for grant of

bail.

5. Considering the nature of allegations and the degree offence as also the fact that the applicants are in jail since 23.10.2015, I am inclined to release the applicants on bail.

6. Accordingly, this bail petition is allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court. They shall appear before the trial Court as and when directed by the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao