Ajit Singh And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 3509 OF 2015 1.

Ajit Singh S/o Bhuneshwar Singh aged about 42 years R/o Labour Colony, Jamul, Bhilai, Bhilai Nagar, P.S. Jamul, Dist. Durg (Chhattisgarh) 2.

Rajkumar Sahu S/o Kodu Ram Sahu, aged about 38 years R/o Shahid Vir Narayan Singh Nagar, G.E. Road, Kursipar, Bhilai P.S. Kursipar, Dist. Durg (C.G.) ---Applicants

Versus

State of Chhattisgarh, Through: Police Station Supela, Durg, District Durg (C.G.) ---Non-applicant For Applicants :

Mr. Rakesh Kumar Jha, Advocate For Non-applicant :

Mr. S.R.J. Jaiswal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/07/2015 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 applicants who have been arrested in connection with Crime No. 406/2014, registered at Police Station Supela, District Durg, for the offence punishable under Sections 294, 506, 323, 307 read with 34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that, applicants along with other co-accused person said to have caused grievous injuries to complainant/injured-Anit Singh, which was sufficient to cause his death and

thereby committed the aforesaid offences.

3.

Learned counsel for the applicants submits that other co-accused person-Gurudev Singh has played the similar role as that of the present applicants, who has already granted regular bail by this Court vide order dated 02/07/2015 passed in M.Cr.C. No. 3032/2015 and the role played by the present applicants is identical to that of the other co-accused person. Therefore, the present applicants 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 applicants is identical to other co-accused person-Gurudev Singh, who has granted bail by this Court vide order dated 02/07/2015 passed in M.Cr.C. No. 3032/2015.

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 particularly the order passed by this Court on 02/07/2015 in M.Cr.C. No. 3032/2015 granting regular bail to the other accused person-Gurudev Singh, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicants, namely, Ajit Singh and Rajkumar Sahu, shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari