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2015 DIGILAW 138 (CHH)

Dilip Kumar v. State Of Chhattisgarh

2015-05-04

SANJAY K.AGRAWAL

body2015
ORDER : Sanjay K. Agrawal, J. 1. The above mentioned both the bail applications filed under Section 439 of the Code of Criminal Procedure are being disposed of by this common order since both the bail applications arise out of the one and same Crime No. 57/2015 and common questions of law and facts are involved. 2. Counsel for the applicants submits that he may be permitted to withdraw this bail application in relation to applicant No. 1 - Dilip Kumar (in M.Cr.C. No. 1446/2015) & applicant No. 1-Kripashankar (in M.Cr.C. No. 1453/2015) with liberty to repeat the same after examination of the material prosecution witnesses. 3. Accordingly, the bail application in relation to applicant No. 1 - Dilip Kumar (in M.Cr.C. No. 1446/2015) & applicant No. 1-Kripashankar (in M.Cr.C. No. 1453/2015) is dismissed as withdrawn with the liberty as aforesaid. 4. Heard on bail application with regard to applicants namely Lal Mohan, Narayan Patel, Anil Kumar Sahu, Komal Sahu, Bablu Sahu, Ajit Sahu & Ajeeta Sahu. 5. The accused/applicants have moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 57/2015 registered at Police Station Kasdol for the offences punishable under Sections 147, 149, 186, 353, 332, 294, 336 & 395 of the Indian Penal Code. 6. Case of the prosecution, in brief, is that on 28.01.2015 at village Karda during election of panchayat, the present applicants along with other three co-accused persons deterred the public servant (police officials) from discharging their duties and not only this, looted 2,000/- and one writs watch of complainant Meghnath Sahu and, thereby, committed the aforesaid offences. 7. Shri J.R. Verma, learned counsel appearing for the applicants in all the cases would submit that they have falsely been implicated in the crime in question as nothing has been seized from the present applicant and they are simply casting their votes in polling booth and in fact they are in jail since 01.02.2015; and the charge sheet has already been filed against the applicants and, therefore, the applicants may be released on bail. 8. On the other hand, learned counsel for the State opposes the bail application. 9. 8. On the other hand, learned counsel for the State opposes the bail application. 9. Considering the totality of the facts, in particular, the role of the present applicants in the crime in question; and the facts that applicants are languishing in jail since 01.02.2015; charge sheet has already been filed against the applicants; and no custodial interrogation is required; this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail. 10. Accused/applicants namely Lal Mohan, Narayan Patel, Anil Kumar Sahu, Komal Sahu, Bablu Sahu, Ajit Sahu & Ajeeta Sahu are directed to be released on bail on each of them executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. 11. Copy of the order be placed on the record of M.Cr.C. Nos. 1453/2015 & 1454/2015. 12 .Certified copy, as per rules.