NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6098 of 2022
• Shishupal @ Chhote Lotiya S/o Late Leeladhar Sahu Aged About 26
Years R/o Ward No. 7, Jawaharpara, Police Station Balod, District
Balod Chhattisgarh., District : Balod, Chhattisgarh
---- Applicant
Versus
• State of Chhattisgarh Through Station House Officer, Police Station
Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh
---Non-
applicant
MCRC No. 6101 of 2022
• Vashishtha Sahu @ Pappu @ Bade Lotiya S/o Late Leeladhar Sahu
Aged About 30 Years R/o Ward No. 7, Jawaharpara, Police Station-
Balod, District - Balod (C.G.)
---- Applicant
Versus
• State of Chhattisgarh Through Station House Officer, Police Station -
Balod, District - Balod (C.G.)
----Non-
Applicant
CAUSE TITLE TAKEN FROM CIS PERIPHERY
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For Applicant s : Mr. Malay Shrivastava, Advocate For Respondent/State : Ms. Smriti Shrivastava, P.L.
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Hon'ble Shri Justice Rakesh Mohan Pandey Order On Board 05.08.2022 Heard.
1. M.Cr.C. No. 9783/2022 and M.Cr.C. No. 9785/2022 both are arising out of same crime number, therefore, they are being decided by this common order.
2. These two bail applications are filed under Section 439 of Code of Criminal Procedure Code, 1973 in connection with Crime No. 215 of 2022 registered at Police Station - Balod, District- Balod (C.G.) for offence under section 294, 452, 506, 323/34 of the Indian Penal Code.
3. The case of the prosecution is that on 05.05.2022, due to some previous enmity, co-accused Bhupendra Sahu @ Pappu Sahu started abusing the complainant and when she came out of her house, two other co-accused persons, who are applicants herein reached on the spot and they also abused the complainant. Bhupendra Sahu assaulted the complainant by the means of wooden plank, on such complaint, the police registered the offence as mentioned above.
4. The learned First Additional Session Judge, Balod while considering the application filed under Section 439 of Cr.P.C. by all the three accused persons allowed the application of main accused Bhupendra Sahu @ Pappu Sahu, whereas, rejected the bail application of present applicants on the ground that there are 7 criminal antecedents of these accused persons.
5. The learned counsel for the applicants submits that he has filed judgment of some of the cases in which both the accused persons have been acquitted on the basis of compromise between the applicants and the complainants of those cases. He further submits that the main accused Bhupendra Sahu has been released on bail by the Court below. He also submits that the applicants never entered into house of the complainant, therefore, the section 452 of IPC is not made-out at all and other sections are bailable and Charge-sheet has been filed. The applicants are in jail since 15.06.2022, therefore, they shall be released on bail.
6. On the other hand learned counsel for the State opposes the bail application.
7. Considering the fact that the main accused has been enlarged on bail by the learned Lower Court, charge-sheet has been filed, applicants are jail since 15.06.2022 and out of seven cases in most of the cases the applicants have been acquitted by the Jurisdictional Competent Courts and there is no allegation against the present applicants regarding entrance in the house of complainant, therefore, I am inclined to grant bail to the applicants. Accordingly, the bail applications are allowed.
8. It is directed that the applicants shall be released on each of them furnishing a personal bond for a sum of Rs. 50,000/- with one surety to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-
(a) 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 him from disclosing such fact to the Court,
(b) They shall not act in any manner which will be prejudicial to fair and expeditious trial, and
(c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial,
(d) They shall not involve themselves in any offence of similar nature in future, if they do so, the bail granted to them shall automatically stands dismissed without further reference to the Bench.
Sd/-Sd/-
(Rakesh Mohan Pandey) Judge vaishali