Dhanendra & ANR v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6823 of 2020

1. Dhanendra, S/o. Munna Kurre, Aged About 21 Years.

2. Dilip Markandey, S/o. Charan Markandey, Aged About 28 Years. Both R/o. Village Bakli, Police Station Rajim, District Gariyaband Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station-Rajim, District Gariyaband, Chhattisgarh.

---- Respondent For Applicants :

Mr. Trivikram Nayak, Advocate For Respondent/State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.01.2021 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 who have been arrested on 25.07.2020 in connection with Crime No.60/2020 registered at Police Station- Rajim, District Gariyaband, for the offence punishable under Sections 294, 323, 506, 307 & 34 of I.P.C.

2.

As per the prosecution case, on 21.03.2020, the applicants along with other co-accused have assaulted Maniram and Khemchand for which the alleged offence has been registered.

3.

Learned counsel for the applicants submits that the allegation against the present applicants are that they have assaulted by hand & fist and other coaccused who assaulted by chair has been enlarged on bail by the coordinate Bench of this Court in MCRC No.6312 of 2020 on 04.12.2020 and the case of the present applicants are similar to that case, therefore, they may also be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, she do not dispute the fact that the other co-accused has been enlarged on bail.

5.

Considering the nature of allegation and the fact that the charge sheet has been filed and the other co-accused has already been enlarged on bail, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and the applicants are directed to be released on bail on their executing a personal bond in sum of Rs.25,000/- with one surety each 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 Ashok