Sanjay Yadav v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6435 of 2015

1. Sanjay Yadav S/o Late Rambali Yadav Aged About 28 Years By Occupation Labour, R/o Village Khongapani (Pakka Dhauda, Ward No. 8, Thana Jhagrakhand Tahsil Manendragarh, Distt. Koriya. Chhattisgarh.

2. Sunil Yadav S/o Late Ram Bali Yadav Aged About 25 Years By Caste Ahir, By Occupation Labour, R/o Village Khongapani (Pakka Dhauda, Ward No. 8, Thana Jhagrakhand Tahsil Manendragarh, Distt. Koriya. Chhattisgarh.

---- Applicants

Versus

The State Of Chhattisgarh Through Police Station Jhagrakhand, Distt. Koriya Chhattisgarh.

---- Respondent For applicant - Shri Parag Kotecha, Advocate. For Respondent/State - Shri S.R.J. Jaiswal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 30/11/2015 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 120/2015 registered in Police Station Jhagrakhan for offence punishable under section 307, 342, 506, 294, 147 of IPC and 3 (2-5) of Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act 1989.

2.

As per the prosecution case on 19/07/2015 applicants along with six other co-accused persons wrongfully confined victim Vikrant and assaulted him by hands and fists by which he suffered grievous injury which was sufficient to cause death knowing fully well that he is member of scheduled caste and thereby committed aforesaid offence.

3.

Learned counsel for the applicants submits that applicants have been falsely implicated in this case and in the similar circumstances the other co-accused have been released on bail in M.Cr.C. No.5440 of 2015 on 13/10/2015. He therefore submits that applicant may be released on bail.

4.

Learned State counsel on verification do not dispute the fact that other co-accused have been released on bail in M.Cr.C. No.5440 of 2015 on 13/10/2015.

5.

Considering the fact that similarly placed co-accused have been released on bail in M.Cr.C. No.5440 of 2015 on 13/10/2015, on the ground of parity, this court is inclined to release the applicants on bail. 6.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri