Loknath v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 139 of 201 Loknath, S/o. Heeralal Sahu, Aged About 32 Years, R/o. Village Chisda, P.S. Hassaud, Distt. Janjgir Champa, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through: Station House Officer, P.S. Hassaud, Distt. Janjgir Champa, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Basant Dewangan, Advocate For Respondent :

Mr. Satish Gupta, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.01.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.18/2015, registered at Police Station- Hassaud, District Janjgir-Champa (C.G.) for the offence punishable under Section 147, 148, 149, 332, 353, 324, 186, 427 of Indian Penal Code and Section 135(A), 136 of the Representation of Peoples Act, 1951.

2.

Learned counsel for the applicant submits that the other coaccused persons have played the similar role as that of the present applicant and other co-accused persons namely Resham Lal Barman & Munna Kahra have already granted regular bail by the co-ordinate Bench of this Court vide order dated 28.09.2015 & 08.10.2015 in M.Cr.C. No.5111/2015 & 5340/2015 respectively and the role played by the present applicant is identical to that of the

other co-accused persons. Therefore, the present applicant may also be released on regular bail on the ground of parity. 3.

Per contra, learned State counsel opposes the prayer for grant of bail, however, after verification, he do not dispute the fact that the other similarly placed co-accused have been enlarged on bail by the co-ordinate Bench of this Court.

4.

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

5.

Having regard to the facts and circumstances of the case and considering the degree of allegation and the fact that the other similarly placed co-accused have been enlarged on bail, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Ashok