Smt. Umabai v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 290 of 201
1. Smt. Umabai, W/o. Jhadiram Sahu, Aged About 50 Years.
2. Rupesh Kumar Akela, S/o. Chhattram Satnami, Aged About 35 Years.
3. Mohan, S/o. Firanna Kohra, Aged About 30 Years, Occupation Agriculturist.
All are R/o. Village Chisda, Post Office Hasoud, P.S. Hasoud, Civil & Rev. Distt. Janjgir Champa, Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh, Through Station House Officer, P.S. Hasoud Civil & Revenue District Janjgir-Champa, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :
Ms. Nand Kumari Kashyap, 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 applicants who have been arrested in connection with Crime No.17/2015, registered at Police Station- Hasaud, District Janjgir-Champa (C.G.) for the offence punishable under Section 342, 294, 332, 186, 353, 324, 34 of Indian Penal Code and Section 131, 135, 135(A) of the Representation of Peoples Act, 1951.
2.
Case of the prosecution, in brief, is that on 29.01.2015, after declaration of the result of election of Gram Panchayat Chisda, the applicants along with other co-accused persons assaulted the Sub Divisional Officer (Revenue) and the Sub Divisional Officer (Police)
who were engaged in the election duty, and also damaged their vehicles, and thereby committed the offence.
3.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case, as initially the applicants were not named in the FIR and subsequently their names have been inserted. She further submits that the similarly placed co-accused has been enlarged on bail by the co-ordinate Bench of this Court on 01.10.2015 in M.Cr.C. No.5212/2015, therefore, the present applicants may also be enlarged on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail, however, after verification, he do not dispute the fact that the similarly placed co-accused has been enlarged on bail by the coordinate Bench of this Court. 5.
I have heard learned counsel appearing for the parties and perused the case diary.
6.
Having regard to the facts and circumstances of the case and considering the degree of allegation and the fact that similarly placed co-accused has been enlarged on bail, I am inclined to release the applicants on bail.
7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
8.
It is directed that applicants shall be released on bail on 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 Ashok