Harinath v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5499 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 (CG) ---Applicants

Versus

State of Chhattisgarh Through:- S.H.O.-Hasoud, Dist-Janjgir-Champa (CG) ---Non-applicant For Applicants :

Mr. Ishwar Jaiswal, Advocate For Non-applicant :

Mr. S.R.J.Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/10/2015 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 applicants who have been arrested in connection with Crime No.17/2015, registered at Police Station-Hasoud, District-Janjgir-Champa (C.G.), for the offence punishable under Sections 342, 332, 394, 186, 353 & 323 of the IPC and 131, 135 and 135(A) of the Representation of the People Act. 2.

Learned counsel for the applicants submits that other co-accused persons-Resham Lal Barman and Setram have played the similar role as that of the present applicants, who have already granted regular bail by this Court vide order dated 28.9.2015 passed in M.Cr.C.Nos.5112 and 5113 of 2015 and the role played by the present applicants is identical to that of the other co-accused

persons, therefore, they may also be released on bail. 3.

On the other hand, learned counsel for the State submits that case of the present applicants is identical to other co-accused persons-Resham Lal Barman and Setram, who have been granted bail by this Court vide order dated 28.9.2015 in M.Cr.C.Nos.5112 and 5113 of 2015. 4.

I have heard learned 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 and the fact that bail was granted to co-accused Resham Lal Barman & Setram, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

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

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-