Ghanshyam Mahant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7851 of 2020 • Ghanshyam Mahant S/o Kailash Mahant Aged About 23 Years R/o Village Bhendra Police Station And Tahsil Gharghoda District Raigarh Civil And Revenue District Raigarh Chhattisgarh ---- Petitioner

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• State Of Chhattisgarh Through OfÏcer-In-Charge Police Station - Gharghoda, District Raigarh Chhattisgarh ---- Respondent MCRC No. 8785 of 2020 • Om Prakash Rathiya S/o Set Ram Rathiya Aged About 30 Years R/o Village Kapatdera Police Station And Tahsil Gharghoda District Raigarh Civil And Revenue District Raigarh Chhattisgarh ---- Petitioner

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• State Of Chhattisgarh Through OfÏcer-In-Charge Police Station - Gharghoda, District Raigarh Chhattisgarh ---- Respondent For Applicants Mr. Ashutosh Mishra, Advocate For Respondent /State Mr. Ashish Gupta, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 21/1/2021

1. Heard.

2. These are the two applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.204/2020 registered at Police Station Gharghoda, District Raigarh (CG) for the offence punishable under Sections 147, 148, 149, 307, 435 of the IPC.

3. In an incident involving truck bearing registration No.M.H.-19Z7176, a girl child was crushed, where-after, 8-10 unknown persons pulled down the truck driver & helper and assaulted them by club, hands and fists causing grievous injuries. The truck was burnt by these persons. The names of the applicants were not mentioned in the FIR, however, in the diary statements, the names of all the accused persons were informed to the Police.

4. Admittedly, co-accused Vikas Chauhan and Rameshwar Das have been released on regular bail in MCRC No.7173/2020 vide order dated 9.11.2020, whereas, co-accused Naveen Nishad have been granted regular bail in MCRC No.6300/2020 vide order dated 4.12.2020 by two different Coordinate Benches of this Court. The case of the present applicants appears to be similar to that of the co-accused released on bail.

5. Considering the entire facts situation of the case, this Court is inclined to release the applicants on regular bail.

6. Accordingly, the bail applications are allowed and the applicants are directed to be released on bail on each of them

furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount 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.

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