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High Court Of ChhattisgarhMCRC/7143/2017allowed

Jodhanram Khairwar v. State Of Chhattisgarh

2017-12-12Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6528 of 2017

1. Gulab Khairwar S/o Birbal Aged About 48 Years R/o Village Patrapali Police Station Baikunthpur, Tahsil Baikunthpur District Korea Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer Police Station Baikunthpur District Korea Chhattisgarh.

---- Respondent And MCRC No. 7143 Of 2017

1. Jodhanram Khairwar S/o Birbal Khairwar, Aged About 32 Years

2. Dular Khairwar, S/o Gulab Khairwar, Aged About 29 Years

3. Shiv Prasad, S/o Gulab Khairwar, Aged About 19 Years All are R/o Village Patrapali, Police Station Baikunthpur, District Korea, Chhattisgarh.

---- Applicants Vs

1. State Of Chhattisgarh Through Station House Officer, Police Of Police Station Baikunthpur, District Korea, Chhattisgarh. ---- Respondent For Applicants Shri Anil Gulati, Advocate For Respondent/State Shri Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/12/2017 1.

Heard.

2.

The applicants have preferred these applications filed under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.232/2017 registered in Police Station Baikunthpur, Dist. Korea for offence punishable under Sections 147, 148, 149, 186, 353, 332 & 307 of the Indian Penal Code.

3.

The applicants have allegedly committed marpeet with the police personnel namely; Sandeep Sai, Santosh Kumar, Harihar, Ravishankar Yadav & Bhola Shankar Yadav.

4.

Learned counsel appearing for the State would oppose the bail application.

5.

Considering the facts and circumstances of the case; particularly considering the fact that none of the injured have suffered any head injury or any other serious injury; investigation has already been completed and the charge sheet has been filed; further considering the fact that the concerned SHO has not reported any previous antecedents of the applicants; and also considering the fact that the applicants are in detention since 24-8-2017, this Court is inclined to release the applicants on bail. Accordingly, both the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Judge Prashant Kumar Mishra Gowri