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High Court Of ChhattisgarhMCRC/7277/2019allowed

Rakesh Bhagat v. State Of Chhattisgarh

2019-12-12Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7277 of 2019 Rakesh Bhagat S/o. Late Shri Premcharan Bhagat Aged About 24 Years Occupation - Soldier, Indian Army, R/o Village-Pata, Post Dolesara, Tamnar, Raigarh, District Raigarh Chhattisgarh, Add. - Army Unit- 230 Middle Topkhana, Artillery Center, Nasik Road Camp Nasik, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through-Station House Officer, Police StationTamnar, District Raigarh Chhattisgarh ---- Respondent MCRC No. 7084 of 2019 • Sohit Chouhan S/o Late Mahendra Chouhan Aged About 24 Years R/o Village Paataa, P. S. Tamnar, Tahsil Tamnar, District Raigarh Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Tamnar, District Raigarh Chhattisgarh ---- Respondent MCRC No. 7730 of 2019 • Himanshu S/o Rameshwar Aged About 32 Years R/o Village Dolesara, Police Station - Tamnaar, District - Raigarh Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station - Tamnaar, District - Raigarh Chhattisgarh.

---- Respondent For Applicants :

Mr. Ashish Beck, Ms. Rajni Soren & Mr.

Hari Agrawal, Advocate.

For Respondent :

Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 12/12/2019 The accused/applicants have moved these first bail

applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 187/2019 registered at Police Station - Tamnar, District Raigarh (C.G.) for the offence punishable under Sections 147, 148, 153, 186, 294, 323, 353, 332, 506, 109, 394, 120B of IPC.

The prosecution story in brief is that, on 27.09.2019, a meeting of public hearing was organized at Village Dolesara regarding environmental knowledge, where the police authorities were engaged for protection and maintaining peace, allegedly, at the time of meeting some local N.G.O.'s members obstructed the meeting and deterred the complainant from discharging his duty. On 28.09.2019, a report has been lodged by the complainant in this regard. On the basis of said report, offence has been registered. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the other co-accused have already been granted Anticipatory Bail by this Court on 03.12.2019 & 05.12.2019 in MCRC Nos. 1764/2019, 1784/2019 respectively, therefore, the applicants may be released on bail.

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

I have heard learned counsel for the parties. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants and further considering the fact that the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the applications are allowed.

Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu