Ramnath Kashyap v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6082 of 2017 • Ramnath Kashyap S/o Kunuram Kashyap Caste Kurmi, Aged About 63 Years Village Reewapar Police Station Urga Civil And Revenue District Korba Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Ajak Korba Civil And Revenue District Korba Chhattisgarh. ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Punit Ruparel, Advocate For Respondent/State : Shri Anil Pandey, Govt. Advocate ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 24.11.2017 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.26/2017, registered at Police Station Ajak, District Korba(CG) for the offence punishable under Sections 295, 294, 506, 34 of the IPC and Section 3 (1)(n), 3(1) (/k), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.

3.

As per the case of prosecution, the complainant party is a member of Scheduled Caste and they have occupied certain lands but the applicant dispossessed them and thrown the flag hoisted in the said land.

4.

Learned counsel for the applicant submits that it is a case of land dispute and civil nature but the same is coloured as criminal case. He submits that the challan has been filed and the applicant is arrested on 14.08.2017 and the trial may take some time, therefore, he may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case and taking into consideration the fact that there is dispute regarding land and the applicant is in jail since 14.8.2017, I am inclined to release the applicant on bail.

8.

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

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.20,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita