Bhanu Prasad Dhirhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4149 of 2015

1. Bhanu Prasad Dhirhi, S/o Shri Umend Prasad Dhirhi, aged about 40 years.

2. Gautam Dhritlehre, S/o Shri Laxmi Dhritlehre, aged about 24 years.

Both are residents of Village Nipania, P.S. Lalpur, Civil District Bilaspur and Revenue District Mungeli (C.G.) ---- Applicants

Versus

State of Chhattisgarh, through Police Station Lalpur, Civil District Bilaspur and Revenue District Mungeli (C.G.). ---- Non-applicant For Applicants :

Shri Pallav Mishra, Advocate For Non-applicant :

Shri Aditya Sharma, Panel Lawyer for the State.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/08/2015 (1) Heard.

(2) 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 on 06.02.2015 in connection with Crime No.31/2015, registered at Police Station Lalpur, Mungeli, District

Bilaspur, for the offence punishable under Sections 307, 341, 147, 149, 294, 506, 186, 353 & 332 of the Indian Penal Code and Sections 7, 11(m) & 14(d) of the Chhattisgarh Local Authorities (Electoral Offences) Act, 1964.

(3) Learned counsel appearing for the applicants would submit that the case of the present applicants are identical to the case of coaccused persons namely Balakdas Dhritlehre, Vishwanath Banjare and Malikram who have already been granted bail vide order dated 17.06.2015 passed by this Court in M.Cr.C. No.2639 of 2015, M.Cr.C. No. 2698 of 2015 and M.Cr.C. No.2743 of 2015. Therefore, on the ground of parity present applicants may also be released on bail. (4) On the other hand, learned counsel for the State after verifying the record did not dispute the above contention. (5) I have heard the counsel appearing for the parties and perused the case diary.

(6) Taking into consideration all the facts and circumstances of the case, nature and gravity of the offence, applicants have not been named in the FIR, charge-sheet has been filed, pretrial detention of the applicants, no further custodial interrogation is required and further considering the fact that the co-accused persons have already been granted bail, I am of the considered opinion that prima facie it is a fit case where the applicants can be released o bail. (7) Accordingly, the bail application is allowed. It is ordered that the applicants shall be released on bail on their furnishing a personal bond of Rs.25,000/- each along with one surety of the like amount to the

satisfaction of the trial Court. They shall 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 L/-