Munna Kahra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 5340 OF 2015 Munna Kahra son of Khik Ram Kahra, aged about 35 years, resident of Village Chisda, Police Station Hassaud, District Janjgir-Champa (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Hassaud, District Janjgir-Champa (C.G.) ---Non-applicant For Applicant :

Mr. Basant Dewangan, Advocate For Non-applicant :

Mr. S.R.J. Jaiswal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08/10/2015 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 applicant who has been arrested in connection with Crime No. 18/2015, registered at Police Station Hassaud, District Janjgir-Champa (C.G.), for the offence punishable under Sections 147, 148, 149, 332, 353, 324, 186, 427 of Indian Penal Code, Sections 135-A, 136 of Representation of Peoples Act,1951. 2.

Learned counsel for the applicant submits that other co-accused person has played the similar role as that of the present applicant and other co-accused person namely Resham Lal Barman has already granted regular bail by this Court vide order dated 28/09/2015 passed in M.Cr.C. No. 5111/2015 and the role played by the present applicant is identical to that of the other co-accused person. Therefore, the present applicant may also be released on regular bail on the ground of parity.

3.

On the other hand, learned counsel for the State submits that case of the present applicant is identical to other co-accused person, who has granted bail by this Court vide order dated 28/09/2015 passed in M.Cr.C. No. 5111/2015.

4.

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

5.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; considering the fact that till this date trial has not been commenced, the applicants are languishing in jail since 29/01/2015 and also considering the fact that trial will take time and particularly the order passed by this Court on 28/09/2015 in M.Cr.C. No. 5111/2015 granting regular bail to the other accused personResham Lal Barman, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is ordered that the applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court for his appearance as and when directed.

7.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari