Vishvanath Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 857 of 2016 Vishvanath Sharma S/o Naresh Sharma Aged About 32 Years R/o Matasi, Police Station Kalanpur, District Gaya (Bihar) Presently R/o At Sharab Bhatti, Bhatgaon, Chowki Bhatgaon, Police Station Bilaigarh, Rev. And Civil District Balodabazar - Bhatapara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Officer-In-Charge, Police Station; Bilaigarh, Rev. And Civil District Balodabazar - Bhatapara Chhattisgarh.

---- Respondent For applicant - Shri Mahendra Dubey, Advocate. For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 15/02/2016 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed as withdrawn on 26/11/2015. 2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 285/2015 registered in Police Station Chowki Bhatgaon, Police Station Bilaigarh, Revenue and Civil District Balodabazar-Bhatapara (C.G.) for offence punishable under sections 147, 148, 149, 323, 452 of Indian Penal Code. 3.

Case of the prosecution, in brief, is that on 19/10/2015 applicant along with other co-accused entered in to the house of the complainant Ramkisun on the allegation that he is selling illegal liqour and thereafter caused assault, thereby offence is committed. 4.

Learned counsel for the applicant submits that charge sheet in this case has been filed and the other co-accused have been enlarged on bail by the trial court and there is no further evidence is required, therefore, the

applicant may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

Considering the facts and circumstances of the case, charge sheet in this case has been filed, also considering the degree of allegation and applicant is in jail since 21/10/2015, this court is inclined to release the applicant on bail.

7.

Accordingly, the second bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri