High Court Of ChhattisgarhMCRCA/1621/2020partly allowed

Dilesh Dewangan And Others v. State Of Chhattisgarh

2021-01-15Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Dilesh Dewangan S/o Manraj Aged About 30 Years R/o Village Budhatand, Police Station Basantpur, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh

2. Shailesh Dewangan S/o Manraj Aged About 23 Years R/o Village Budhatand, Police Station Basantpur, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh

3. Manraj Dewangan S/o Late Chatur Aged About 55 Years R/o Village Budhatand, Police Station Basantpur, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh

4. Urmila W/o Manraj Aged About 50 Years R/o Village Budhatand, Police Station Basantpur, Tahsil Wadrafnagar, District BalrampurRamanujganj Chhattisgarh

5. Kapil Dev S/o Ramchandra Aged About 38 Years R/o Village Budhatand, Police Station Basantpur, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh

6. Manju Dewangan W/o Kapil Dev Aged About 36 Years R/o Village Budhatand, Police Station Basantpur, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Incharge, Police ChowkiWadrafnagar, Police Station Basantpur, District BalrampurRamanujganj Chhattisgarh ---- Non-Applicant For Applicants : Shri Rahul Mishra, Advocate.

For Non-Applicant : Shri Rajendra Tripathi, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/01/2021 :

1. The applicants have preferred this application for grant of anticipatory bail as they apprehend their arrest in connection with Crime No.116/2020, registered at Police Station Police Chowki Wadrafnagar, PS Basantpur, District Balrampur-Ramanujganj for offences punishable under Section 147, 294, 323, 324, 506 and 307 of the IPC.

2. As per the material available in the case diary, applicant Nos. 1 to 4 namely, Dilesh Dewangan, Shailesh Dewangan, Manraj Dewangan & Urmila have caused injuries on the person of injured Bhagwan Das by means of knife, hands and fists whereas applicants No.5 & 6 namely, Kapil Dev and Manju Dewangan reached later.

3. At this stage, learned counsel for the applicants seeks permission of the Court to withdraw the bail application in respect of applicants No.1 to 4 namely, Dilesh Dewangan, Shailesh Dewangan, Manraj Dewangan & Urmila.

4. Accordingly, the Application in respect of aforesaid applicants is dismissed as withdrawn. However, if these applicants surrender and apply for regular bail before the Sessions Court, the concerned Sessions Court shall consider and decide the same expeditiously.

5. Since the allegation against applicants No.5 & 6 namely, Kapil Dev & Manju Dewangan is of reaching the place of occurrence at later point of time, they are entitled to be enlarged on anticipatory bail.

6. Accordingly, the Application in respect of Applicants No.5 & 6 namely Kapil Dev & Manju Dewangan is allowed and it is directed that in the event of arrest of the said applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) they shall not influence the witnesses during trial. (ii) they shall make themselves available for interrogation by a police officer as and when required;

(iii) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve