Devendra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 326 of 2017 • Devendra S/o Rathram Verma, Aged About 21 Years R/o Village Sonpur, Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kapu, District Raigarh, Chhattisgarh.

---- Non-applicant For Applicant:

Mr. Amarnath Pandey, Advocate For State:

Mr. U.K.S. Chandel, Panel Lawyer SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 10.05.2017

1. Apprehending arrest in connection with Crime 85/2016 registered at Police Station- Kapu, District - Raigarh (C.G.), for offence punishable under Section 394 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2. Learned Counsel for the Applicant submits that the co-accused in the instant case Gyan Ratre has been granted anticipatory bail by the Coordinate Bench of this Court on 3.3.2017 in MCRCA No. 1308/2016. The facts of the said case in respect of the co-accused are identical to the present applicant and the crime number is also same. Therefore, the present applicant is also entitled to be released on bail.

3. Learned Counsel for the Applicant also submits that another coaccused in the same Crime Anand Kumar Jangde has been

granted regular bail on 09.03.2017 in MCRC No. 1129/2017.

4. These facts have not been disputed by the State Counsel on the basis of the instructions.

5. Considering the facts and circumstances of the case, particularly taking note of the fact that the co-accused in the same crime number have been released on bail, the allegations and overt act leveled against the present Applicant seems to be the same as against the persons who have been granted bail, and also taking into consideration the contents of the order passed in the two coaccused persons' case, this Court is of the opinion that the present Applicant is also entitled to be granted liberty of bail.

6. Accordingly, the MCRCA is allowed.

7. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the ofÏcer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating OfÏcer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating ofÏcer as and when required;

(ii) that the applicant 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/her from disclosing such facts to the Court or to any police ofÏcer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each

and every date given to him by the said Court till disposal of the trial.

8. Certified copy as per rules.

Sd/- (P. Sam Koshy) JUDGE kishore