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High Court Of ChhattisgarhMCRC/8159/2020allowed

Shahrukh Khan v. State Of Chhattisgarh

2021-02-17Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8159 of 2020 • Shahrukh Khan S/o Abdul Rajjak Aged About 22 Years R/o Dhandubada, Moudhapara, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Khamtarai, District Raipur, Chhattisgarh.

---- Respondent MCRC No. 107 of 2021 • Rahul Kumar Sahu S/o Shri Manoj Sahu, Aged About 18 Years Occupation - Student, R/o Santoshi Nagar, Pragati Vihar, Near Ramesh Kirana Stores, Police Station Tikrapara, Raipur, District Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through - Station House Officer, Police Station - Khamtarai Raipur, District - Raipur Chhattisgarh.

---- Respondent MCRC No. 116 of 2021 • Dhananjay Nishad @ Dhannu S/o Yogendra Nishad, Aged About 18 Years Occupation - Student, R/o Mathpara, Bajrang Chowk, Kumhargali, Police Station Tikrapara, Raipur, District Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through - Station House Officer, Police Station - Khamtarai Raipur, District - Raipur Chhattisgarh.

---- Respondent For Applicant in MCRC No.8159/2020:- Mr. Amarnath Pandey, Adv For Applicant in MCRC No.107/2021 :- Mr. C.R. Sahu, Adv & MCRC No.116/2021 For Respondent-State :- Mr. Devendra Pratap Singh, Dy.A.G. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/02/2021

1. Since all the bail applications are arising out of same crime number, they are being heard and decided by this common order.

2. These are the applications filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.42/2020, registered at Police Station Khamtarai, Distt. Raipur C.G. for the offence punishable under Sections 294, 506, 323, 324, 326, 34 of the I.P.C.

3. In an incident occurred on 14.01.2020, applicants have caused injuries over the person of the injured Ved Prakash by hand, fist and by means of key of scooty. The applicants were released on bail after one week of incarceration, however, after submission of expert's report, the offence under Section 326 of the I.P.C. was added whereafter applicant Shahrukh Khan was arrested on 22.10.2020 and

other applicants were arrested on 14.12.2020. Thus, for the offence triable by JMFC, the applicant Shahrukh Khan is in jail since last about four months whereas other applicants are in jail since last more than two months. The chargesheet has already been filed.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering all relevant aspects of the matter, I am inclined to release the applicants on bail.

6. Accordingly, all the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for 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. Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi