Bhoj Ram Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 522 of 2015 Bhoj Ram Banjare S/o Shri Ram Lal Banjare Aged About 28 years R/o Village Hardi, Ps Sakti, District Janjgir Champa Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sakti District Janjgir Champa Chhattisgarh.

---- Respondent For Applicant - Shri Shailendra Dubey, Advocate For Respondent/State - Shri Manish Nigam, Panel Lawyer Order On Board 03/08/2015 Heard.

1.

The applicant is apprehending his arrest in connection with Crime No.22/2015 registered at Police Station - Sakti, District Janjgir Champa (C.G.) for alleged commission of offence under Section 147, 148, 149, 294, 506B, 336, 186, 332, 353, 427 of IPC.

2.

Prosecution case is that the applicant and other accused entered the polling booth and disrupted process of election and the petrolling party reached, the accused pelted stone injured the members of polling party including Government servant. 3.

Learned counsel for the applicant submits that in so far as the applicant is concerned, he has been involved in the incident only on the suspicion as he belongs to the rival political group. He submits that the officials who are interested with the election duty and the members of polling party have not specifically named, this applicant as one of the accused but later on, on the basis of statement of some of the villagers, he has been involved.

4.

On the other hand, learned State counsel opposes prayer for grant of bail and submits that some of the villagers, who had seen the incident, have also named present applicant.

5.

Taking into consideration that the applicant has not been named by the Government servant, who sustained injury or by the members of polling party or petrolling party, the application is allowed. 6.

It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and the applicant shall abide by all the following terms and conditions - (i) that the applicant shall make himself available for interrogation by a Police Officer as and when required;

(ii) that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer. (iii) that he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha