Roshan Navrangey v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 573 of 2018 • Roshan Navrangey S/o Khemlal Navrangey Aged About 23 Years Caste Satnami, R/o Village Godhi, Police Station Balco Nagar, Tahsil And Dist. Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Balco Nagar, Tahsil And Dist. Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. B.D. Guru, Advocate.

For Respondent :

Mr. Vinod Tekam, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/07/2018

1. The applicant has preferred this bail application under Section 438 of Cr.P.C. apprehending his arrest in connection with Crime No.341/2017 registered at Police Station- BALCO Nagar, District - Korba(C.G.), for the offence punishable under Section 294, 323, 506, 427, 147, 148, 325, 326 read with Section 34 of the Indian Penal Code.

2. Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in this case. It is submitted that name of this applicant is not reflected in the FIR lodged in the later on

Page No.2 development, the complainant and the witnesses have deliberately added the name of the applicant and falsely implicated the applicant. Similarly placed co-accused have been granted regular as well as anticipatory bail by this Court, hence, it is prayed that he may be released on anticipatory bail.

3. Learned State counsel opposes the bail application and the submissions made in this respect. It is submitted that in the statement of witnesses recorded under Section 161 of CrPC name of this applicant has appeared as assailant, hence, he is not entitled for grant of anticipatory bail.

4. Heard both the parties and perused the case diary.

5. According to prosecution case, on the date of incident a meeting was held in the village to discuss about celebration of "Guru Ghasidas Jayanti". A dispute arose between the complainant party and the party to which this applicant belonged, it is alleged that this applicant and other assaulted the complainant Dubey Chand, Dil Chand Dahariya & Rajnikant Kurrey with clubs, rods and axes causing grievous injuries to them.

6. Considering on the entire material present in the case diary, the name of this applicant has not appeared in the FIR which itself is a ground. Further, similarly placed co-accused persons granted bail regular/anticipatory, for these reasons, I am of this view that this applicant also deserve with grant of

7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on his executing a personal bond in the sum of

Page No.3 Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required;

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (Rajendra Chandra Singh Samant) Judge NIsha