Ayush Thakur @ Chetainya Singh Bais v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Ayush Thakur @ Chetainya Singh Bais S/o Lomas Singh Bais, Aged About 25 Years, R/o Sindhiyanagar, Durg, Tehsil And District Durg, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Pulgaon, District Durg Chhattisgarh ---- Respondent For Applicant Mr. UKS Chandel, Advocate For Respondent /State Mr. Ravish Verma, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 15/12/2020 1.

Heard.

2.

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.44/2020 registered at Police Station Pulgaon, District Durg (CG) for the offence punishable under Sections 147, 148, 149, 307, 397, 120(B)/34 of the IPC.

3.

In all 15 accused assaulted injured Ramsanehi Vaishnav, elder brother of complainant Somesh Vaishnav, on 31.1.2020 on a dispute concerning removal of Chakhna shop, which the accused

suspected that the injured made a complaint to the Excise Department. The injured has sustained five injuries, out of which, fracture over the left lower limb is the only grievous injury. Four other accused persons namely Vikrant Chandrakar @ Vikky, Jay Thakur, Om Joshi@ Bhuru and Mukesh Chouhan @ Cheera have already been released on regular bail by this Court vide a common order dated 5.8.2020 passed in MCRC Nos.4118, 3977, 3714 & 3729 of 2020.

4.

Learned counsel for the State opposes the bail application. 5.

The present applicant is in jail since 3.10.2020, therefore, considering all the relevant aspects of the matter including the pre-trial detention and for the fact that four co-accused have already been released on regular bail by this Court, I am of the opinion that present is a fit case to release the applicant on regular bail.

6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. 7.

Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna