Narsing Sahu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2566 of 2016

1. Narsing Sah, S/o Shri Mahettar Sahu Aged About 30 Years R/o Ward No. 10 Lawan, P.S. Kasdol District Balodabazar-Bhatapara Chhattisgarh.

2. Sarves Sahu S/o Shri Jagannathiya Sahu Aged About 18 Years R/o Ward No. 10 Lawan, P.S. Kasdol District Baloda Bazar-Bhatapara Chhattisgarh.

3. Khemchand Sahu S/o Shri Sammelan Sahu Aged About 19 Years R/o Ward No. 10 Lawan, P.S. Kasdol District Baloda Bazar-Bhatapara Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through The Police Station Kasdol Distt. Baloda Bazar Chhattisgarh.

------Non-Applicant For Applicant:

Shri ML Sakat, Advocate.

For Non-Applicant/State:

Shri Gary Mukhopadhyay, Govt.

Advocate for the State.

Single Bench:

Hon'ble Shri P. Sam Koshy, J Order On Board 06.6.2016 1.

The present Applicants have preferred this application under Section 439 Cr.P.C for grant of bail as they are arrested in connection with Crime No.7/2016 registered at Police Station - Kasdol, Baloda Bazaar, Bhatapara (CG) for the offence punishable under Sections 147, 148, 149, 452, 186, 307, 477, 332, 436, 336, 333, 353 and 450 IPC.

2.

The case of the prosecution is that on 2.1.2016, an accident took place near bus stand Lawan in which a boy has died. Thereafter, a mob assembled and assaulted and there was a public outrage. Some police personnel has also got injured in the attack made by the said mob and the present Applicants

were also a part of the said mob.

3.

Learned Counsel for the Applicants submits that in all, there are 26 accused and 7 more minor persons have been charged in the said offence. Out of them, 13 accused persons have already been granted bail by this Court and the nature of allegations against the present Applicants also being similar, he prays that the present Applicants may also be released on bail. 4.

On the other hand, counsel for the State opposed the prayer on the ground that the nature of allegations against the present Applicants being quite serious and that it is a case where the mob has attacked the police personnel and one of the police personnel has also got injured and therefore, the present Applicants are not entitled to be released on bail. 5.

Having heard learned counsel for the parties, taking into consideration the total facts and circumstances of the case particularly, the fact that the coaccused have already been released on bail by this Court, the application is allowed. It is directed that in the event of the Applicants' executing a personal bond for a sum of Rs.25,000/- with one surety each for the like amount to the satisfaction of the Trial Court, they shall be released on bail. They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (P. Sam Koshy) Vacation Judge Priya