Ajeet Nisad v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 2713 of 2018 Vikas Bharti S/o Shri Raju Bharti, aged about 18 years, R/o Deorikhurd, P. S. Torwa, Tahsil and District Bilaspur, Chhattisgarh ---- Applicant
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State of Chhattisgarh through the Station House Officer Torwa, District Bilaspur (CG) ---- Respondent Misc. Criminal Case No. 3209 of 2018 Sonu @ Aakash Yadav S/o Ramkishan Yadav, aged about 20 years, R/o- Atal Awas Devrikhurd, Thana- Torwa, Tahsil and District- Bilaspur, Chhattisgarh ---- Applicant
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State of Chhattisgarh through Police Station Torwa, District- Bilaspur, Chhattisgarh ---- Respondent Misc. Criminal Case No. 3479 of 2018 Ajeet Nisad S/o Punit Nisad, aged about 18 years R/oDevrikhurd, Atal Awash, Police Station- Torwa, District- Bilaspur, Chhattisgarh ---- Applicant
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State of Chhattisgarh through the Station House Officer Torwa, District Bilaspur (CG) ---- Respondent Misc. Criminal Case No. 4188 of 2018 Abid Hussain S/o Shri Salauddin, aged about 21 years, R/o Deorikhurd, PS Torwa, Tahsil & District Bilaspur (CG) ---- Applicant
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State of Chhattisgarh through the Station House Officer Torwa, District Bilaspur (CG) ---- Respondent For Applicants : Shri Dheerendra Pandey, Shri K. K. Khatri & Shri Atanu Ghosh, Advocates for the respective applicants.
For Respondent/State:
Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 25/06/201 These applications u/s 439 of Cr.P.C. have been filed for grant of bail to the applicants who have been arrested in connection with Crime No.421/2017 registered at Police Station- Torwa, District Bilaspur (CG) for the offence punishable under Sections 115, 115(2), 120(b), 34 of IPC in MCRC Nos. 2713/18 & 3479/18 and under Sections 115, 115(2), 120(b), 34 of IPC & Section 25 of Arms Act in MCRC Nos. 3209/18 & 4188/18.
2.
The allegation against the present applicants is that they in connivance with other accused persons are said to have conspired for eliminating one Ishwar Rajwade. The case against the applicants has been made out only on the basis of a memorandum statement of coaccused Lakhan. 3.
Counsel for the applicants refer to the order of this Court dated 16.03.2018 passed in MCRC No. 254/18 stating that identically placed two of the co-accused persons namely Dhanraj Kshani and Selu @ Vikram Nanahare have already been granted bail by this court. According to the counsel for the applicants, the allegation against the
present applicants are also similar and identical, therefore, they also deserve to be released on bail on the ground of parity. 4.
The said contention of the counsel for the applicants is not opposed by the State counsel.
5.
Accordingly, this Court is of the opinion that the present applicants also in the light of the order dated 16.03.2018 have been able to make out a strong case for grant of bail.
6.
Accordingly, the applications filed under Section 439 of CrPC i.e. MCRC Nos. 2713/18, 3209/18, 3479/18 & 4188/18 for grant of bail are allowed. It is directed that the present Applicants will 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 before the said Court as and when directed. Sd/- (P. Sam Koshy) JUDGE Bhola