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High Court Of ChhattisgarhMCRC/5254/2015allowed

Gharbharan v. The State Of Chhattisgarh

2015-09-30Hon'Ble Shri Justice Goutam Bhaduri3 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5254 of 2015 Gharbharan S/o Kripal Das Panika Aged About 21 Years R/o Village Baima (Shattipara), Thana Khadgawa, Distt. Koriya (Chhattisgarh). ---- Applicant

Versus

The State Of Chhattisgarh Through Police Station Khadgawa, District Koriya, Chhattisgarh.

---- Respondent For applicant - Shri Parag Kotecha, Advocate. For Respondent/State - Shri Ashish Shukla, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 30/09/2015 Heard.

2.

This is third bail application under section 439 of Cr.P.C for grant of regular bail. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 119/2012 registered in Police Station Khadgawa for offence punishable under Section 294, 506 part II, 307 read with 34 and in alternative section 324/34 and 323/34 of the I.P.C.

3.

The second bail application was dismissed on 5/03/2015 as there was no change of circumstance at that time. While initially when first bail application was dismissed on 26/03/2014 liberty was given to the applicant to revive the bail application after examination of the injured. 4.

Learned counsel for the applicant submits that thereafter injured has been examined and similarly placed accused Jokhan Das @ Bhandari

has been enlarged on bail by the coordinate bench of this court in M.Cr.C. No. 4921/2015 on the ground that injured has been examined. 5.

Learned State counsel opposes the bail, however he is not able to dispute the fact that similarly placed accused Jokhan Das @ Bhandari has been enlarged on bail by the coordinate bench of this court in M.Cr.C. No. 4921/2015.

6.

Considering the fact that injured has already been examined and the other similarly placed accused Jokhan Das @ Bhandari has been enlarged on bail, this court is inclined to release the applicant on regular bail.

7.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his 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. He is directed to appear before the trial court on each and every date given by the said Court.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri