Tarachand And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3171 of 2015

1. Tarachand s/o. Sukhdev Chandra, aged about 25 years

2. Mithalesh s/o. Khubilal, aged about 26 years. Both are residents of Dhobinipali, Police Station Dabhra, District Janjgir Champa (CG).

---- Applicant

Versus

• State Of Chhattisgarh Through the Station House Officer, Police Station Dabhra, District Janjgir-Champa (Chhattisgarh) ---- Respondent For Applicants :

Mr. A.H. Syed, Advocate.

For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 7/7/2015 1.

The applicants have moved this application under Section 439 of the Cr.P.C. for grant of regular bail, who have been arrested on 13-1-2015 & 7-10-2014 in connection with Crime No. 324 of 2014 registered at Police Station Dabhra, District Janjgir-Champa (CG), for the offence punishable under Sections 147, 148, 149, 323, 427, 506, 327 and 452 of IPC.

2. Learned counsel appearing for the applicant would submit that other coaccused persons namely Baliram, Tuleshwar Das Mahant and Yad Ram have already been granted bail vide order dated 15-6-2015 passed by this court in M.Cr.C.Nos. 1014 of 2015 and 2274 of 2015 and the allegations leveled against the present applicant are identical to that of the other coaccused persons. He would further submit that application of co-accused persons namely Chhotelal & Tejlal was rejected by this Court in M.Cr.C.No.6051/2014 and thereafter in S.L.P (Cri) Nos. 4266, 4267 & 4268 of 2015 with Criminal Misc. Petition Nos.8773, 8776 & 8779 of 2015, the Supreme Court of India has granted interim bail to them by order dated 13th May 2015, therefore, the present applicant may be released on bail on the ground of parity.

3.

Learned State counsel does not dispute this contention. 4.

Upon consideration of the above fact and since the Hon'ble Supreme Court has enlarged the similarly situated co-accused persons on bail, this Court is of the opinion that present applicant also deserves grant of bail. 5.

Accordingly, the application is allowed. It is ordered that the applicants Tarachand and Mithalesh shall be released on bail on each of them furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. They shall appear before the trial court on each and every date given to them by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Raju