Dabbu Das And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4921 of 2018

1. Dabbu Das S/o Kalidas Aged About 21 Years

2. Somu @ Koliha S/o Ashok Das Aged About 20 Years

3. Lucky Das S/o Dev Das Aged About 23 Years

4. Dharmendra Yadav S/o Late Jhaduram Aged About 22 Years

5. Dinu Yadav S/o Late Jhaduram Aged About 20 Years

6. Monu Razzak S/o Ramnath Razak Aged About 21 Years All R/o at Shankar Nagar Bandhwapara Bombay Awas P. S. Torwa Tahsil And District Bilaspur Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh Through the P. S. Torwa District Bilaspur Chhattisgarh ---- Respondent For Applicants :

Shri PK Tulsyan, Advocate For Respondent/State :

Shri SRJ Jaiswal, PL for the State.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/07/2018

1. This is the First Bail Application 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 and 506-B IPC.

2. 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.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated over a dispute and except Section 452 IPC all the offences are bailable. He further submits that the co-accused have been enlarged on bail by this Court in M.Cr.C. Nos. 3143, 4290 & 4654 of 2018 on 10.07.2018 and the case of the present applicants is similar to that of the co-accused, therefore, the applicants may also be released on bail.

4. Learned State counsel do not dispute the fact that the similarly placed coaccused have been enlarged on bail by this Court.

5. Considering the fact that the similarly placed co-accused have been enlarged on bail by this Court, I am inclined to release the applicants on bail.

6. Accordingly, the bail application is 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