Ramji Sahu And ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5847 of 2016

1. Ramji Sahu, S/o. Chouhan Sahu, Aged About 55 Years.

2. Ashwani, S/o. Ramji Sahu, Aged About 40 Years.

3. Vinod, S/o. Ramji Sahu, Aged About 30 Years.

4. Dharmendra, S/o. Ramuram, Aged About 30 Years.

5. Seetaram, S/o. Anklaha Ram, Aged About 26 Years.

6. Hemant Kumar Sharma, S/o. Ramsevak Sharma, Aged About 32 Years.

7. Mangilal, S/o. Milap Sahu, Aged About 40 Years.

8. Sumiran, S/o. Kaliram Sahu, Aged About 45 Years. All are R/o. Village Musuwadih, Police Station- Saja, Civil & Revenue District Bemetara, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station- Saja, Civil & Revenue District Bemetara, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. U.S.Chandel, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 27.09.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.173/2016 registered at Police Station- Saja, District Bemetara (C.G.) for the offence punishable under Sections 341, 147, 149, 294, 506B, 186, 332, 353 of I.P.C.

2.

As per the prosecution case, on information received that an accident occurred on 07.06.2016 and some lady died in the road accident, the applicants along-with other co-accused stopped the movement of the vehicles on the road and when the police reached

there, the crowd started pelting stones; thereby three of the police officers were injured and as such the offence has been committed. 3.

Learned counsel for the applicants would submit that the applicants have been arrested in the crowd on the spot and no particular allegation is attributed to any one and the applicants are in jail since 29.08.2016. He further submits that the charge sheet has been filed and no further investigation is necessary, therefore, the applicants may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts & circumstance of the case, background of the offence and the allegation attributed to the applicants, I am inclined to release the applicants on 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/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.. Sd/- (Goutam Bhaduri) Judge Ashok