Allowed

Ramnaresh Sahu and Ors. v. State of Chhattisgarh

Chhattisgarh HC14 Sept 2020MCRCA/773/2020

Case brief

AI extract

What is this about?

This Single Judge order allowed an anticipatory bail application filed by ten applicants in connection with an assault case (IPC offences 147, 148, 294, 323, 336, 342 and 307). The court dismissed two applicants as not pressed and granted anticipatory bail to the remaining eight, directing their release upon furnishing a personal bond with a surety and compliance with conditions.

What did the court decide?

Anticipatory bail allowed for Applicants Nos. 2, 3, 5, 6, 7, 8, 9 & 10, subject to personal bond of Rs. 25,000 and stipulated conditions.

Ramnaresh Sahu and Ors. Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2020)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 773 of 2020

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Ramnaresh Sahu S/o Shri Vishwanath Prasad Sahu Aged About 40 Years R/o Village Kenwari, Tahsil Wadrafnagar, District BalrampurRamanujganj Chhattisgarh.

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Vishwanath Prasad Sahu S/o Late Jailal Sahu Aged About 69 Years R/o Village Kenwari, Tahsil Wadrafnagar, District BalrampurRamanujganj Chhattisgarh.

¶5

Birendra Kumar Sahu S/o Shri Jagarnath Sahu Aged About 60 Years R/o Village Kenwari, Tahsil Wadrafnagar, District BalrampurRamanujganj Chhattisgarh.

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Jagarnath Sahu S/o Late Jailal Sahu Aged About 60 Years R/o Village Kenwari, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh.

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Bhagwan Das Sahu S/o Vishwanath Sahu Aged About 43 Years R/o Village Kenwari, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh.

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Ramkumar Sahu S/o Nanhakram Sahu Aged About 38 Years R/o Village Raghunathpur, Tahsil Wadrafnagar, District BalrampurRamanujganj Chhattisgarh.

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Smt. Sharmila Devi W/o Ramkumar Sahu Aged About 32 Years R/o Village Raghunathpur, Tahsil Wadrafnagar, District BalrampurRamanujganj Chhattisgarh.

¶10

Santosh Kumar Kushwaha S/o Ramvichar Aged About 33 Years R/o Village Chanwarsarai, Post Kesari, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh

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Ramjanak Kushwaha S/o Ramvichar Aged About 29 Years R/o Village Chanwarsarai, Post Kesari, Tahsil Wadrafnagar, District BalrampurRamanujganj Chhattisgarh.

¶12

Vijaymal Prajapati S/o Kulurjit Prajapati Aged About 34 Years R/o Village Chanwarsarai, Post Kesari, Tahsil Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh.

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---- Applicants

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Versus

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State Of Chhattisgarh Through Police Station Raghunath Nagar, District Balrampur-Ramanujganj Chhattisgarh.

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---- Respondent

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For Applicants : Mr. Arvind Sinha, Advocate. For Respondent/State : Mr. Alok Nigam, G.A.

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Hon'ble Shri Justice Arvind Singh Chandel Order On Board

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14.09.2020

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The matter is heard through Video Conferencing.

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The applicants have filed this First Bail Application for grant of anticipatory bail under Section 438 of the Cr.P.C. as they are apprehending their arrest in connection with Crime No.36/2020, registered at Police Station: Raghunath Nagar, District: BalrampurRamanujganj (C.G.) for the offence punishable under Section 147, 148, 149, 294, 323, 336 & 342 of IPC.

¶22

The anticipatory bail application with regard to Applicant No.1 & 4 namely Ramnaresh Sahu & Jagarnath Sahu is dismissed as not pressed vide order dated 01.07.2020 passed in MCRCA No.773/2020.

¶23

According to the case of prosecution, on 08.05.2020, due to some previous dispute, allegedly, the present Applicants assaulted the complainant namely Shankh Lal Kushwaha, due to which he sustained some injuries on his head and other parts of his body. Thereafter, report was made by him, on the basis of said report offence was registered. During the course of investigation, offence under Section 307 was also added.

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Learned counsel appearing on behalf of the applicants submits that the applicants are falsely implicated in the present case due to some dispute. He submits that main allegations are against the Applicant No.1 Ramnaresh Sahu who has already been granted regular bail by this Court vide order dated 19.08.2020 passed in MCRC No.4500/2020 therefore, he prays for grant of anticipatory bail to the Applicant No.2, 3, 5, 6, 7, 8, 9 & 10.

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Per contra, learned counsel appearing on behalf of State opposes the bail application.

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I have heard learned Counsel for the parties.

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Considering the facts and circumstances of the case, arguments advanced by the counsel for the parties , without further commenting on other merits of the case, in my considered opinion, it is a fit case for grant anticipatory bail to the applicants.

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Accordingly, the anticipatory bail application is allowed with regard to the Applicant No.2, 3, 5, 6, 7, 8, 9 & 10.

¶29

It is directed that in the event of arrest, the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the officer arresting them and they shall abide by all the following terms and conditions:-

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I. That the accused/applicants shall made themselves available for interrogation before the concerned Investigating Officer as and when required;

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II. The accused/applicants 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/her from disclosing such facts to the Court or to any police officer;

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III. The accused/applicants shall not act, in any manner which will be prejudicial to fair and expeditious trial; and

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IV. The applicants shall appear before the Trial Court on each and every date given to them by the said Court till disposal of the trial.

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Sd/-

¶35

(Arvind Singh Chandel) Judge

¶36

Saurabh

Ramnaresh Sahu and Ors. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ramnaresh Sahu and Ors. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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