Bhupesh Kumar Tripathi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A) No. 666 Of 2017 Honey @ Parmeet Singh Bagga, S/o. Kuldeep Singh Bagga, Aged About 24 Years, R/o. Shivanand Nagar, Srinagar, Police Station : Khamtarai District- Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station - Mujgahan, District - Raipur, Chhattisgarh.

---- Respondent M.CR.C.(A) No. 781 Of 2017 Bhupesh Kumar Tripathi, S/o. Shri Upendra Kumar Tripathi, Aged About 23 Years, R/o. Village Lohadipur, Thana & Tahsil - Basna, Civil & Revenue District Mahasamund Chhattisgarh.

---- Applicant Vs State Of Chhattisgarh, Through : Station House Officer, Police Station Mujgahan, Civil & Revenue District -Raipur, Chhattisgarh. ---- Respondent And M.CR.C.(A) No. 869 Of 2017 Harshit Agrawal, S/o. Shri Krishan Kumar Agrawal, Aged About 20 Years, R/o. Shivnath Colony, Main Road, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.

---- Applicant Vs State Of Chhattisgarh, Through : Police Station: Mujgahan, District -Raipur, Chhattisgarh.

---- Respondent For Applicants : Mr. Sunil Sahu & Mr. Pragalbha Sharma, Advocates For Respondent/State : Mr. Arvind Kumar Shukla, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board

16/11/2017 1.

All the bail applications are heard and decided together by this common order, as they are arising out of same crime number and the facts and issues involved are similar in nature. 2.

Apprehending arrest in connection with Crime No.70/2017, registered at Police Station- Mujgahan, District - Raipur (C.G.), for offence punishable under Section 452, 427, 506 & 147 of the Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act (Lok Sampati Kshati Nivaran Adhiniyam), the applicants have preferred these applications for grant of anticipatory bail.

3.

It is submitted by the learned counsel for the applicants that the applicants are students of journalism in Kushabhau Thakre Patrakarita Avam Jansanchar Vishwavidyalaya, Raipur. On the date of incident, the applicants and others students were holding a protest for the reason that one student, who had not appeared in the examination was awarded marks in the paper, in which he has absented. For the reason unknown the protest so arranged became violent and some property of the university was damaged, but the applicants were not part of the said act committed. It is submitted that university itself has not lodged any FIR against any of the applicants but the case has been registered on the FIR made by the security guard. It is submitted that two other co-accused persons have been benefited with grant of bail by the coordinate Bench of this Court, applicants are student and their examination is scheduled in the month of December, 2017, hence, it is prayed that

the applicants in all the cases be benefited with grant of anticipatory bail.

4.

Per contra learned State counsel opposes the application for grant of bail and the submission made in this respect. It is submitted that name of the applicant - Honey @ Paramjeet Singh Bagga is reflected in the FIR but the name of other applicants are not mentioned. Looking to the nature of incident that has taken place, no case is made out for grant of anticipatory bail to the applicants. 5.

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

6.

Considering the submissions made by the counsel for the parties and the contents of the case diary and also the evidence against the applicants, this Court is of the opinion that present is a fit case, in which the applicants should be enlarged on anticipatory bail. 7.

Accordingly, the anticipatory bail applications are allowed. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the officer arresting them on executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Investigating Officer. The applicants shall also abide by the following conditions :

(i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required;

(ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with

the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram