Chattisgarh High Court
Chandrashekhar vs State Of Chhattisgarh on 31 January, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 9046 of 2021
• Prahallad Patel S/o Keshav Prasad Aged About 39 Years Caste
Aghariya, R/o Village Ghenspali, P.S. Singhoda, District Mahasamund
Chhattisgarh.
---- Petitioner
Versus
• State Of Chhattisgarh Through Police Station Saraypali, District
Mahasamund Chhattisgarh.
---- Respondent
With
MCRC No. 195 of 2022
• Suresh Sahu S/o Mohan Sahu Aged About 42 Years Caste Teli, R/o
Village Birkol, Thana Saraipali, District Mahasamund Chhattisgarh
---- Petitioner
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station
Saraipali District Mahasamund Chhattisgarh
---- Respondent
With
MCRC No. 9582 of 2021
1. Anand Nishad S/o Shri Nathuram Nishad Aged About 50 Years Caste
Kenwat, R/o Village Birkol, Police Station Saraipali, District-
Mahasamund, Chhattisgarh, District : Mahasamund, Chhattisgarh
2. Vinod Nishad S/o Shri Madan Nishad Aged About 34 Years Caste
Kenwat, R/o Village Birkol, Police Station Saraipali, District-
Mahasamund, Chhattisgarh, District : Mahasamund, Chhattisgarh
3. Mukesh Nishad S/o Shri Madan Nishad Aged About 30 Years Caste
Kenwat, R/o Village Birkol, Police Station Saraipali, District-
Mahasamund, Chhattisgarh, District : Mahasamund, Chhattisgarh
4. Pardesi Nishad S/o Shri Kartikram Nishad Aged About 50 Years Caste
Kenwat, R/o Village Birkol, Police Station Saraipali, District-
Mahasamund, Chhattisgarh, District : Mahasamund, Chhattisgarh
---- Petitioner
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station
Saraipali, District- Mahasamund, Chhattisgarh, District : Mahasamund,
Chhattisgarh
---- Respondent
With
MCRC No. 9822 of 2021
• Noorpati Patel S/o Lalsay Patel Aged About 33 Years R/o Village
Birkol, Police Station Saraipali, District Mahasamund Chhattisgarh.
---- Petitioner
Versus
• State Of Chhattisgarh Through Station House Officer, Police Of Police
Station Saraipali, District Mahasamund Chhattisgarh.
---- Respondent
With
MCRC No. 10001 of 2021
• Chandrashekhar S/o Shyamkumar Aged About 22 Years R/o Village
Birkol, Police Station Singhoda, District Mahasamund Chhattisgarh.
---- Petitioner
Versus
• State Of Chhattisgarh Through Station House Officer, Police Of Police
Station Saraipali, District Mahasamund Chhattisgarh.
---- Respondent.
CAUSE TITLE TAKEN FROM CIS PERIPHERY
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For Applicants : Mr. Sanjay Agrawal, Mr. Anil Gulati, Mr. Vikash Pradhan, Mr. Sunil Verma, Advocates.
For Respondents/State : Amit Kumar Verma, PL.
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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 31.01.2022 As these first bail applications under Section 439 of Code of Criminal Procedure have been filed by the accused/applicants who are languishing in jail since 06.11.2021, 11.11.2021 and 05.12.2021 in connection with common Crime No.415/2021 for the offences punishable under Sections 186, 353, 332, 294, 323, 506, 147, 148, 149, 427, 392 IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984, registered at Police Station Saraypali, District Mahasamund, they are being disposed of by this common order.
2. The prosecution story in nutshell is that during Deepawali festival, the police people on receiving a secret information caught hold of the accused/applicants and other accused persons while gambling. It is alleged that the accused/applicants also abused and manhandled with the police people and also damaged their vehicle when they went to arrest them.
3. Learned counsel for the applicants submit that the applicants are innocent persons and have been falsely implicated in the case. They further submit that looking to the nature of offence attributed against the accused/applicants which are triable by JMFC, the accused/applicants are entitled for bail.
4. Learned State counsel however, opposes the prayer for bail.
5. Considering the facts and circumstances of the case and the period of detention, this Court of the considered opinion that the accused/applicants can be granted bail. Accordingly, the applications are allowed and it is directed that on their furnishing a personal bond in the sum of Rs.10,000/- with one surety each to the satisfaction of the concerned Court, the applicants shall be released on bail. They shall however ensure their appearance before the concerned Court as and when so directed, till the disposal of the case.
Sd/-
(Deepak Kumar Tiwari) Judge Ajay