Manharan Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

1 0 22 of 201 Manharan Patel, S/o Firtu Ram Patel, aged about 25 years, R/o Village -Saragaon, Police Station -Saragaon, Civil and Revenue District -Janjgir-Champa (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through : District Magistrate/Station House Officer, Police Station-Baradwar, District -JanjgirChampa (C.G.) -----Non-applicant For Applicant:

Mr. Dharmesh Shrivastava, Advocate.

For Non-applicant/State:Mr. Neeraj Kumar Sharma, Dy. G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 352/2015 registered at Police Station -Baradwar, District Janjgir-Champa for the offences punishable under Sections 353, 186, 332, 147 & 148 of the Indian Penal Code. (2) Case of the prosecution, in brief, is that on 10.11.2015 because of a road accident the uncle of the co-accused died and the applicant along with other co-accused persons closed National Highway and demanded the compensation but the

police intervened and therefore scuffle took place. (3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that applicant is in jail since 18.11.2015; charge sheet has already been filed and the similarly situated co-accused Abhishek Kumar Chandan has been released on bail by this Court in M.Cr.C. No.6884/2015 decided on 14.12.2015 and, therefore, the applicant may also be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; particularly the facts similarly situated co-accused has already been released on bail by this Court; his pre-trial detention and the charge sheet has already been filed;this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant- Manharan Patel is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- (Sanjay K. Agrawal) Judge