Harinath And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5619 of 2015

1. Harinath, S/o Mohit Ram, aged 60 years.

2. Jhadu Ram, S/o Thandu Ram, aged 45 years

3. Vishnu Ram, S/o Darsu Ram, aged 30 years

4. Shankar Lal, S/o Lagan, aged 35 years,

5. Chedu Ram, S/o Firu Ram, aged 50 years,

6. Shivshankar, S/o Barat Ram, aged 32 years All are by Caste-Satnami, R/o Village - Chisda, P.S. Hasoud, Dist. JanjgirChampa (C.G.) ---- Applicants

Versus

• State of Chhattisgarh Through: Station House Officer, Police Station Hasoud, Dist. Janjgir-Champa (CG).

---- Respondent For Applicants :

Mr. Ishwar Jaiswal, Advocate.

For Respondent/State :

Mr. Anil S. Pandey, Government Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 27/10/2015

1. The applicants have preferred the instant bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No.18/2015 registered in Police Station Hasoud, Dist. Janjgir - Champa (C.G.) for offence punishable under Section 147, 148, 149, 332, 186, 353, 427 and 324 of the I.P.C. and under Section 131, 136 of the Representative of the People Act and also under Section 3 of the Prevention of Damages to Public Property Act.

2. Case of the prosecution, in brief, is that on 29.01.2015 during counting of votes at Polling Booth No.268 cast on the eve of panchayat election 2015 at Jaijaipur block, the present applicants accompanied by one of the Party members started quarrel, committed assault on Government Officials and looted Government

property. Apart from the above, they also caused damage to officials vehicles by pelting stones and thereby committed the aforesaid offence.

3. Learned counsel for the applicants submits that co-accused persons, namely, Resham Lal Barman and Manoj against whom allegations were similar have been granted by co-ordinate Bench of this Court by order dated 28.09.2015 in M.Cr.C.No.5111 of 2015. The role played by the applicants is also similar to that of the co-accused persons, therefore, the present applicants may be released on bail.

4. Learned State counsel does not dispute that the case of the present applicants is identical to the case of co-accused persons, namely, Resham Lal Barman and Manoj.

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

6. Taking into consideration all the facts and circumstances of the case, further taking into consideration the nature and gravity of offence and also considering the fact that co-accused persons, namely, Resham Lal Barman and Manoj have been granted bail on similar allegations and the applicants are in jail since 17.09.2015, this Court is inclined to release the applicants on bail.

7. Accordingly, the instant bail application is allowed. It is directed that the applicants shall be released on each of them furnishing personal bail bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial Court for their regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (GOUTAM BHADURI) JUDGE Anjani