Bhupendra Kumar Ratre, v. State Of Chhattisgarh,
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.8009 of 2021
1. Bhupendra Kumar Ratre, S/o Ramadhar, Aged About 31 Years R/o. Bokramuda, Chouki Pantora, Police Station Baloda District - Janjgir - Champa Chhattisgarh.
2. Lokesh Kumar @ Lakky Verma, S/o Sanad Kumar, Aged About 29 Years R/o Bhanpuri, Ward No. 5, Police Station Khamtarai, District - Raipur Chhattisgarh
3. Tarun Sahu, S/o Rajesh Sahu, Aged About 23 Years R/o. Bhanpuri, Ward No. 04, Rameshwar Nagar, Police Station Khamtarai, District - Raipur Chhattisgarh.
4. Kunal Baghel, S/o Shrikant Baghel, Raipur, Aged About 26 Years Kanchanganga Colony, Police Station - Deendayal Upadhyay Nagar, District - Raipur Chhattisgarh
5. Bhola Kashyap @ Gendram, S/o Jeetram, Aged About 29 Years R/o Malda, Police Station - Hasaud, District - Janjgir - Champa Chhattisgarh
6. Rampal Kashyap, S/o Fulchand, Aged About 24 Years R/o Jamdi, Police Station - Hasaud, District - Janjgir - Champa Chhattisgarh ---Applicants
Versus
State Of Chhattisgarh, Through - The Station House Officer, Police Of Police Station Bamhanidih, District - Janjgir - Champa Chhattisgarh. ---Non-Applicant For Applicants:
Shri Harshwardhan Parganiya, Advocate.
For Non-Applicant/State :
Shri Ishwar Jaiswal, Panel Lawyer.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 28.10.2021 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicants, who have been arrested in connection with Crime No.60/2021 registered at Police Station - Bamhanidih, District - Janjgir-Champa, Chhattisgarh for the offence punishable under Sections 452, 147, 148, 149, 395, 384, 294, 506-B and 323 IPC and under Sections 25 & 27 of the Arms Act. 2.
Prosecution case in brief is that on 27.08.2021, when the Complainant was working at his shop, around 15-20 people barged there selling pesticides and farm products carrying sharp objects and started demanding 1 lac rupees from him. On denial, the Complainant was
assaulted and abused and was also threatened for life. 3.
Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the crime in question and are languishing in jail since 27.08.2021. He further submits that the Applicants were just trying to protest against the Complainant peacefully for the malpractices being carried by him and therefore, they may be released on bail.
4.
Per contra, learned Counsel for the State opposed the bail application.
5.
Considering the facts and circumstances of the case, looking to the period of detention, the nature of evidence and the trial is likely to take some time for its conclusion, I am inclined to grant regular bail to the Applicants.
6.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
7.
It is directed that the Applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.10,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed. In case any default is committed by the Applicants in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically. Sd/- (Deepak Kumar Tiwari) Judge Priya