Raghvendra Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4970 of 2015 Raghvendra Mishra, S/o Sharad Prasad Mishra, aged about 24 years, R/o Veer Savarkar Nagar, Raipur, Distt. Raipur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Kabir Nagar, Distt. Raipur (C.G.) ---- Non-applicant For Applicant:

Mrs. Indira Tripathi, Advocate.

For Non-applicant:

Mr. Arvind Dubey, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.56/2015, registered at Police Station Kabir Nagar, Distt. Raipur, for the offence punishable under Sections 147, 452, 427, 294, 506, 342 & 307 of the IPC.

2. Case of the prosecution, in brief, is that on 14-7-2015, the applicant along with six other co-accused persons assaulted complainant Ashwani Dewangan - injured / victim by hands, fists and wooden stick by entering into his factory, they also abused and threatened him to kill by which he suffered grievous injuries which were sufficient to cause his death and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence, he has been falsely implicated in the case and he is in custody since 16-6-2015. She further submits that similarly situated co-

accused Sunil Devangan has been granted regular bail by this Court vide order dated 24-8-2015 passed in M.Cr.C.No.4196/2015, therefore, the present applicant be also granted regular bail on the ground of parity.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, considering the fact that similarly situated coaccused Sunil Devangan has already been granted bail by this Court and the present applicant is in jail since 16-6-2015, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma