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High Court Of ChhattisgarhMCRC/7737/2017allowed

Ravi Sonkar v. State Of Chhattisgarh

2017-12-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 7737 of 2017 Ravi Sonkar S/o Raju Lal Sonkar, aged about 27 years, R/o Shivpara, Durg, Bajrang Chowk, District Durg, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh through District Magistrate, Durg, District Durg, Chhattisgarh.

---- Respondent For Applicant :

Shri Amiyakant Tiwari, Advocate For Respondent/State:

Smt. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 12/12/2017 This is the repeat bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 25/2017 registered at Police Station Pulgaon, District Durg (CG) for the offence punishable under Sections 302, 307, 323, 212, 147, 148, 149 of IPC and 25 & 27 of Arms Act.

2.

The earlier bail application was dismissed as withdrawn with liberty to revive the same after sometime.

3.

The change of circumstances in the instant case, according to the counsel for the applicant is that the two co-accused namely Raunak Dubey and Saurabh Pandiya against whom similar charges were levelled have already been released on bail by the co-ordinate Bench of this Court in MCRC Nos. 5103/17 and 3714/17 vide order dated 22.11.2017. Counsel for the applicant submits that so far as the present applicant is concerned, the only allegation against him is that of being part of the group which had

assaulted the deceased and the complainant and there is no overtact whatsoever attributed against the applicant. He prayed that on the ground of parity also the present applicant deserves to be released on bail. 4.

State counsel, however, opposes the bail application on the ground that the present applicant was also part of the same group which had assaulted the deceased and others, therefore, he does not deserve to be released on bail.

5.

Having considered the contentions put forth on either side and on perusal of the record what is apparent is that the two co-accused namely Raunak Dubey and Saurabh Pandiya against whom similar allegations were made have already been granted bail by the co-ordinate Bench, this Court is of the opinion that the present applicant also deserves to be released on bail.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Bhola