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High Court Of ChhattisgarhMCRC/4300/2015allowed

Madhav Uraon v. State Of Chhattisgarh

2015-08-25Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015

1. Madhav Uraon, S/o Chhabiram Uraon, aged about 32 years,

2. Ghuran Ram, S/o Chain Singh Paikra, aged about 32 years, Both R/o village - Saraimuda, Tahsil & Police Station Lailunga, District Raigarh (C.G.) ---- Applicants

Versus

State Of Chhattisgarh Through-Station House Officer, Police Station - Lailunga, District Raigarh (C.G.) ---- Non-applicant And MCRC No.

of 2015 Diwakar Bhagat, Son of Anant Ram Bhagat, aged about 35 years, R/o Patrapara, P.S. And Tahsil, Lailunga, Civil and Revenue District Raigarh (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through the Station House Officer Police Station Lailunga Civil & Revenue District - Raigarh (C.G.) ---- Non-applicant For Applicant:

Mr. Ashish Gupta, Advocate in M.Cr.C.

No. 4300/2015.

For Applicant:

Mr. Manoj Kumar Jaiswal, Advocate in M.Cr.C. No. 3673/2015.

For Non-applicant/State:Mr. R.K. Mishra, Deputy Advocate General .

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 8 /2015 Heard.

(1) Above mentioned two bail applications filed under Section 439 of the Code of Criminal Procedure arise out of a common Crime No.152/2015, registered at Police Station Lailunga, District Raigarh, for the offence punishable under Sections 147, 148, 149, 186, 353, 332 & 336 of the Indian Penal Code , therefore, they are being heard analogously and decided by this Common Order.

(2) Case of the prosecution, in brief, is that on 1.6.2015 applicants along with other co-accused persons interfered with the governmental work to be performed by public servants and caused hurt and endangered the life of public servants. (3) Counsel for the applicants would submit that they have been falsely implicated in the offence in question as they are nothing to do with the same. They would further submit that injuries suffered by the victim are simple in nature; applicants are in custody since 19.06.2015; and the substantial investigation has already been made and, therefore, the applicants may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the

case; role of the present applicants in the offence in question; further considering their pre-trial detention; and the substantial investigation has already been made; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

(7) Accused/applicants - Madhav Uraon, Ghuran Ram & Diwakar Bhagat are directed to be released on bail on each of them executing a personal bond in the 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 to them by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-