Golu Sahu @ Manoj Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2034 OF 2016 Golu Sahu @ Manoj Sahu S/o Kalyan Sahu, aged about 25 years, R/o pandri Tarai Raipur, Tahsil Raipur, Police Station Devendra Nagar, District Raipur, C.G.

---Applicant

Versus

State of Chhattisgarh, through the Police Station Devendra Nagar, Raipur, District Raipur (C.G.) ---Non-applicant For Applicant :

Mr. P.K. Patel, Advocate For Non-applicant :

Mr. Avinash Singh, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 26/04/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2015, registered at Police Station Devendra Nagar, District Raipur (C.G.), for the offence punishable under Sections 294, 506, 323, 147, 149, 341, 306 of I.P.C. 2.

Case of the prosecution, in brief, is that, on 04/11/2015, applicnat alongwith five other co-accused persons assaulted Rohit Singh @ Dharnidhar Pratap Singh and his brother Parikshit Singh and out of humiliation and frustration, he committed suicide by hanging. 3.

Learned counsel for the applicant submits that other co-accused persons have played the similar role as that of the present applicant and other co-accused persons namely Ravi Yadav and Chini @ Manoj Yadav have already granted regular bail by this Court vide order dated 11/04/2016

passed in M.Cr.C. No. 1947/2016 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.

4.

On the other hand, learned counsel for the State submits that case of the present applicant is identical to other co-accused persons, who have granted bail by this Court vide order dated 11/04/2016 passed in M.Cr.C. No. 1947/2016.

5.

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

6.

Taking into consideration the facts and circumstances of the case; nature and gravity of offence; role of the applicant in offence in question and the order passed by this Court on 11/04/2016 in M.Cr.C. No. 1947/2016 granting regular bail to the other accused person, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is ordered that the applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari