Kamal Das And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6404 of 2016

1. Kamal Das, S/o. Chaitu Ram, Aged About 25 Years, Caste Satnami.

2. Loknath, S/o. Saheb Ram, Aged About 30 Years, Caste Satnami. Both R/o. Dewarmal, Tahshil & Police Station Sakti, District JanjgirChampa, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through District Magistrate, District JanjgirChampa, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Yogeshwar Sharma, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.10.2016 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.216/2016 registered at Police Station- Sakti, District Janjgir-Champa (C.G.) for the offence punishable under Section 186, 353, 332, 34 of Indian Penal code.

2.

As per the prosecution case, on 01.08.2016 a report was made by one Rudrapal, Assistant Teacher, that while he was giving mid-day meal to the students in the School, at that time, the applicants alongwith other co-accused entered into the School and told as to why he is not teaching the students and assaulted him; thereby the offence has been committed.

3.

Learned counsel for the applicants would submit that infact the dispute occurred for the quality of the mid-day meal of the

Panchayat and some scuffle took place and the allegation attributed is completely false. 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 and circumstances of the case, nature of offence and degree of allegation and further considering the fact that the charge sheet has been filed and no further investigation is necessary, 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 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