Anas Khilchi v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6886 of 2015

1. Anas Khilchi, S/o. Mohd. Nasruddin Khilchi, aged about 24 years,

2. Lakki @ Akhtar Raza, S/o. Mohd. Nasruddin Khilchi, aged about 26years,

3. Salauddin, S/o. Latif Khan, aged about 25 years, All R/o. Sadar Bazar, Dhamtari, P.S., Tahsil and Civil and Revenue District - Dhamtari (C.G.).

----Applicant

Versus

1. State of Chhattisgarh, Through : the Police Station - City Kotwali, Dhamtari, Civil and Revenue District - Dhamtari (C.G.) ---- Respondent For Applicants :

Mr. Adil Minhaj, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/12/2015 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.191/2015, registered at Police Station - City Kotwali, Dhamtari, District - Dhamtari (C.G.) for the offence punishable under Section 147, 294, 323, 506B & 307 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that on 08.07.2015 present applicants alongwith other co-accused persons total 16 in numbers, assaulted complainant/injured- Ranu Daga, by which, he suffered

Page No.2 grievous injuries, which was sufficient to cause his death and thereby committed offence.

3.

Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they have not committed any offence and no weapon or stones, which were used in the offence in question, has been seized from the possession of the applicants. He further submits that the applicants are in jail since 23.11.2015 and the charge sheet has already been filed. He would further submit that similarly placed co-accused persons have been granted bail by the Coordinate Bench of this Court in M.Cr.C. No.4443/2015 and other connected matters, vide order dated 07.09.2015, therefore, he prays that the applicants may also be released on bail. 4.

On the other hand, learned counsel for the State opposes the bail application, however, was not able to dispute the fact that similarly placed co-accused persons have been enlarged on bail. 5.

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

6.

Taking into consideration the facts and circumstances of the case, considering the pre-trial detention, charge sheet in this case has been filed and the fact that similarly placed co-accused persons have been enlarged on bail by the Coordinate Bench of this Court, this Court is of the opinion that present is a 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.

Page No.3 8.

It is directed that applicants shall be released on bail on their furnishing a personal bond in the 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.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram