High Court Of ChhattisgarhMCRC/4654/2018allowed

Rahul Yadav v. State Of Chhattisgarh

2018-07-10Hon'Ble Shri Justice Goutam Bhaduri3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3143 of 2018 • Nirmal Das S/o Shri Shiv Das Manikpuri Aged About 18 Years R/o Bombay Awas Shankar Nagar P. S. Torwa, Tahsil And District Bilaspur Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through P. S. Torwa, District Bilaspur Chhattisgarh ---- Respondent MCRC No. 4290 of 2018 • Aslam Ali S/o Late Abid Ali Ansari Aged About 18 Years R/o- Infront Of Purana Power House, Devridih, P.S. Torwa, District- Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer, Police Station Torwa, District- Bilaspur, Chhattisgarh ---- Respondent MCRC No. 4654 of 2018 • Rahul Yadav S/o Shri Raju Yadav Aged About 19 Years R/o- Hemu Nagar P.S. Torwa Tahsil And District- Bilaspur , Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through- Police Station Torwa, District- Bilaspur, Chhattisgarh ---- Respondent For respective Applicants :

Shri Dheerendra Pandey and Shri Ram Narayan Sahu, Advocates For Respondent/State :

Shri S.K. Mishra, PL for the State

Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/07/2018

1. Since all these bail applications are arising out of the same crime number, therefore, they are being heard and decided together by this common order.

2. These are the First Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants in connection with Crime No.131/2018 registered at Police Station Torwa, District Bilaspur (CG) for the offence punishable under Sections 147, 148, 323, 427, 452, 506-B IPC.

3. As per the prosecution case, a report was made by Ram @ Ram Prasad on 08.04.2018 that the applicants along with the others were abusing him after consuming liquor, having objected to the same, they entered into a scuffle for which a report was made. Subsequently, on the next date i.e. on 09.04.2018 again on 8.15 pm the applicants came along with the other persons and pressurized him to take back the report and thereafter assaulted the complainant by forcefully entering into the house.

4. Learned counsel for the applicants submit that the applicants have been falsely implicated over a dispute and except Section 452 IPC all the offences are bailable. They further submit that the applicant Nirmal Das is in jail since 10.04.2018, applicant Aslam Ali is in jail since 04.06.2018, and the applicant Rahul Yadav is in jail since 30.05.2018 and the charge-sheet in this case has been filed, therefore, the applicants may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the facts and circumstances of the case and further taking into that the applicant Nirmal Das is in jail since 10.04.2018, applicant Aslam Ali is in jail since 04.06.2018, and the applicant Rahul Yadav is in jail since 30.05.2018, I am inclined to release the applicants on bail.

7. Accordingly, all the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu