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High Court Of ChhattisgarhMCRC/6778/2020allowed

Anil Sao And Others v. State Of Chhattisgarh,

2021-01-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6778 of 2020

1. Anil Sao S/o Shri Mahendra Sao Aged About 26 Years R/o Village - Kudekela, Tahsil - Dharamjaygarh, District - Raigarh Chhattisgarh.

2. Roshan Kumar Sao, S/o Shri Agarnath Sao, Aged About 24 Years R/o Village - Kudekela, Tahsil - Dharamjaygarh, District - Raigarh Chhattisgarh.

3. Mukesh Das Mahant S/o Shri Amrit Das Mahant, Aged About 30 Years R/o Village - Gilola, Tahsil - Kharsiya, District - Raigarh Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through The Station House Officer, Police Station - Chhal, District - Raigarh Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Sunil Sahu, Advocate For Respondent :

Ms. Sunita Jain, G.A.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06.01.2021

1. The applicants have preferred the First Bail application u/s 439 of Cr.P.C. for grant of bail as they are arrested on 11.09.2020 in connection with Crime No. 140/2020 registered at Police Station Chhal, District Raigarh (C.G.) for offence punishable under sections 147, 148, 149, 323, 384, 385, 341, 342 and 427 of the IPC.

2. As per the prosecution case the applicants along with the coaccused 06.09.2020 have assaulted one Ram Krishna as certain money was demand which was refused.

3. Learned counsel for the applicants would submit that the charge sheet has been filed and the nature of injury are not grievous and they are in jail since 06.09.2020, therefore, the applicants may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail and would submit that against Applicant No. 1 namely Anil Sao cases of different nature under sections 107, 116 (3), 151/107 of CRPC etc are pending to his credit and against Applicant No. 2 namely Roshan Kumar Sao cases under section 294, 323, 506, 355 etc of IPC are pending and against Applicant No. 3 namely Mukesh Das cases under section 323, 294 of IPC and another under C.G. Prevention of Cruelty to Animals Act, 1960 are pending to his credit.

5. Considering the facts of this case and considering that charge sheet has been filed and prima facie the nature of injury are not grievous, I am inclined to grant bail.

6. Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on bail on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) Judge Jyoti