Chattisgarh High Court
Santoshi & Ors vs State Of Chhattisgarh on 5 August, 2015
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 671 of 2015
1. Santoshi W/o Raju Kenwat Aged About 25 years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
2. Sulochana W/o Ramnath Kashyap Aged About 28 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
3. Hareliya Bai W/o Tilakdas Aged About 32 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
4. Chameli Bai W/o Siyaram Kashyap Aged About 35 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
5. Sukwara Bai W/o Jagdev Das Aged About 52 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
6. Parwati @ Jaykunwar W/o Shivnandan Kashyap Aged About 53 Years R/o Village
Pondi, Tah. & Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
7. Geeta Bai W/o Devnandan Kashyap Aged About 47 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
8. Sanjay Bai W/o Santram Biyar Aged About 21 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
9. Manmati W/o Pardeshi Gond Aged About 34 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
10.Shyamjeera W/o Teejram Biyar Aged About 30 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
11.Kayyum Bag S/o Ayub Bag Aged About 33 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
12.Fouj Bag @ Firdos Bag S/o Munir Bag Aged About 28 Years R/o Village Pondi,
Tah. & Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
13.Yashoda Bai W/o Katilal Dewangan Aged About 35 Years R/o Village Pondi, Tah.
& Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
14.Vijay S/o Vanshi Kashyap Aged About 32 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
15.Teejram Biyar S/o Mohan Biyar Aged About 35 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
16.Nehru Srivas S/o Dheluram Aged About 50 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
17.Dwarika Kashyap S/o Shivnandan Kashyap Aged About 27 Years R/o Village
Pondi, Tah. & Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
18.Anil Shrivas S/o Nehru Shrivas Aged About 30 Years R/o Village Pondi, Tah. &
Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
19.Kashidas S/o Sukrit Das Aged About 35 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
20.Subedas S/o Jagat Das Aged About 44 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
21.Nanhu @ Ramashankar Sarthi S/o Shivcharan Sarthi Aged About 27 Years R/o
Village Pondi, Tah. & Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
22.Dabbu @ Pramod Kashyap S/o Mohit Kashyap Aged About 21 Years R/o Village
Pondi, Tah. & Police Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
23.Shivbachchan S/o Ramlal Aged About 40 Years R/o Village Pondi, Tah. & Police
Station Pali, Civil And Rev. Distt. Korba Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Pali, Distt.
Korba Chhattisgarh.
---- Respondent
Shri Awadh Tripathi, counsel for the applicant/s. Shri Satish Gupta, Govt. Adv. for the State.
Order On Board 05/08/2015
1. After arguing for sometime, learned counsel for the applicants seeks to withdraw application of Santoshi, Sulochana, Hareliya, Sukwara Bai, Parwati @ Jaykunwar, Sanjay Bai, Manmati, Shyamjeera, Kayyum Bag, Fouj Bag @ Firdos Bag, Yashoda Bai, Vijay, Teejram Biyar, Nehru Srivas, Dwarika Kashyap, Anil Shrivas, Subedas, Nanhu @ Ramashankar Sarthi, Dabbu @ Pramod Kashyap and Shivbachchhan with liberty to move application for grant of regular bail. He prays that the Court below may be directed to decide their regular bail application on the same date.
2. In view of above, the application of aforesaid applicants are dismissed as withdrawn with the liberty as prayed for.
3. In case regular bail application is moved by the applicants, the same shall be considered by the Court below as early as possible and in case of female accused, within three days.
4. The applicants Pali, Distt.-Korba, CG for alleged commission of offence under Section 147, 148, 149, 186, 332, 353, 294, 341, 324, 325, 427 of IPC and Section 3 of Prevention of Damage to Public Property Act.
5. Prosecution case is that the applicants gathered around and near the place where election proceedings were going on and it is alleged that the aforesaid applicants assaulted the police officers and destroyed public property.
6. Learned counsel for the applicants submits that in respect of Chameli Bai, Geeta Bai and Kashidas, these applicants were not named in the FIR which was instantly recorded at the instance of the injured but later on, large number of villagers were involved in the alleged offence.
7. On the other hand, learned State counsel submits that these applicants were later on named as part of the same group which assaulted and used criminal force to disrupt the process of election, obstructing panchas and destroying public property.
8. Considering the submission of learned counsel for the parties, particularly considering that dehati nalishi was instantly lodged by the police and in the FIR, the name of these applicants does not find place, I am inclined to grant bail to these applicants.
9. Accordingly, the application of Chameli Bai, Geeta Bai and Kashidas is allowed. It is directed that in the event of arrest of these applicants in connection with the aforesaid offence, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- along with one surety for the like amount to the satisfaction of the arresting officer and the applicants shall abide by all the following terms and conditions -
(i) that the applicants shall make themselves available for interrogation by a Police Officer as and when required;
(ii) that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer.
(iii) that they shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
(iv) that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
Certified copy as per rules.
Sd/-
Manindra Mohan Shrivastava Judge Deepti