Allowed

Devnarayan Sahu v. State of Chhattisgarh

Chhattisgarh HC21 Nov 2022MCRC/7614/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of multiple bail applications filed by accused persons facing charges of attempted murder, destruction of property, and armed assault under IPC and Arms Act. The court granted bail subject to personal bonds and strict conditions.

What did the court decide?

Allowance of bail applications with a personal bond of Rs. 25,000 and one surety, accompanied by directions to comply with trial court dates and refrain from meeting witnesses or leaving the state.

Devnarayan Sahu Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7574 of 2022

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Janiram Bhardwaj S/o Faguram Bhardwaj Aged About 26 Years R/o Village Sudheli, Police Station City Kotwali, Balodabazar, District - BalodabazarBhatapara, Chhattisgarh. (Wrongly Written As Maniram In The Order Sheet)

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---- Applicant

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Versus

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State Of Chhattisgarh Through - The Station House Office, Police Of Police Station City Kotwali, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh

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---- Respondent

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WITH

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MCRC No. 7614 of 2022

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Devnarayan Sahu S/o Mahendra Aged About 22 Years R/o Village Khatiyapati, Police Station City Kotwali, Balodabazar, District- BalodabazarBhatapara, Chhattisgarh.

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Harikishan Yadav S/o Makunda Yadav Aged About 21 Years R/o Village Sudhela Police Station City Kotwali, Balodabazar, District- BalodabazarBhatapara, Chhattisgarh.

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---- Applicants

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali, Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh.

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---- Respondent

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WITH

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MCRC No. 8297 of 2022

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Ajay @ Chudamani Sahu S/o Virendra Kumar Sahu Aged About 22 Years R/o Khatiyapati, Police Station - City Kotwali, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh

---- Respondent

WITH

MCRC No. 8524 of 2022
1. Tekram Banjare S/o Goverdhan Banjare Aged About 24 Years R/o Sudheli, P. S. Kotwali, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh
2. Gopuram Banjare S/o Santuram Banjare Aged About 26 Years R/o Sudheli, P. S. Kotwali, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicants Versus
State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent WITH MCRC No. 8558 of 2022
Heeradas Kurre S/o Jeevan Lal Kurre Aged About 26 Years R/o Sudheli , P.S. Kotwali Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. ---- Applicant Versus
State Of Chhattisgarh Through -Station House Officer, Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. ---- Respondent WITH MCRC No. 8863 of 2022
Yogesh Kumar Sen S/o Gangaram Sen Aged About 21 Years R/o Khatiyapati, Police Station City Kotwali, Balodabazar, Dist. - Balodabazaar - Bhatapara, Chhattisgarh ---- Applicant Versus
State Of Chhattisgarh Through Police Station City Kotwali, Balodabazaar, Dist. - Balodabazaar - Bhatapara, Chhattisgarh ---- Respondent

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WITH

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MCRC No. 8686 of 2022

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Naresh Bhardwaj S/o Durga Prasad Bhardwaj Aged About 22 Years R/o Sudheli, Police Station - Kotwali, Balodabazar, District : BalodabazarBhathapara, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh

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---- Respondents

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For Applicants	:	Mr. Satya Prakash Verma, Advocate, Mr.
		Ajay Kumar Chandra, Advocate, Mr. Sudhir
		Verma, Advocate
For State	:	Mr.Shreshth Gupta, P.L.

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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21.11.2022

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Since, all the cases are arising out of same crime number, therefore, they are being decided by this common order.

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The applicants have preferred the first bail application under Section 439 of CrPC for grant of regular bail as they are in jail since 02.08.2022 in connection with Crime No. 621/2022 registered at Police Station- City Kotwali, Balodabazar, District: Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 307, 427, 456, 294, 506, 34, 147, 148 of IPC and Section 25 and 27 of Arms Act.

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The case of prosecution in brief is that, on 31.07.2022, in the night, when the complainant and his family member were sleeping in their home, at about 10:30 P.M., the accused Yogesh Sen along with other co-accused persons came in the home of complainant and destroyed the tractor and thereafter entered the house of complainant and destroyed the Scooty Maestro and Bike. Thereafter, the the accused persons also assaulted the brother of the complainant with the help of iron rod, knife, as a result of which the brother of the complainant sustained grievous injury. On the basis of said offence was registered and the applicants were arrested on 02.08.2022.

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Learned counsel for the applicants submits that the applicants have not committed any crime and they have been falsely implicated in the present case.

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He submits that Prima Facie no offence under Section 307 is made out against the present applicants. He submits that there is no grievous injury sustained by the victim, there were total 4 injury out of which 3 were simple in nature. There was no intention of the applicants to commit the murder of the victim, therefore, offence under Section 307 is not made out. He further submits that the applicants are in jail since 02.08.2022, charge-sheet has been filed and trial is likely to take some more time. Hence, it is prayed that the present applicants may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application. However, he submits that the injuries sustained by the victim are grievous in nature and the applicants are having some previous criminal antecedents.

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I have heard learned counsel for the parties and considered their rival submissions.

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Considering the facts and circumstances of the case, looking to the nature of allegations and evidence collected so far by the prosecution, charge-sheet has been filed and trial may take some time. Without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application filed by applicants is allowed and it is directed that applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

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It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is made clear that the victim/complainant or State is at liberty to move an application regarding cancellation of bail of the applicants in the event of applicants involving themselves in similar offence in future or influence any witnesses or temper with any evidence. It is also made clear that they are restrained from meeting to any of the witnesses and visiting the village of injured till trial is completed and they shall not leave the State of Chhattisgarh without permission of the concerned Trial Court.

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10. Certified copy as per rules.

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Sd/-

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(Sachin Singh Rajput) Judge

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Saurabh

Devnarayan Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Devnarayan Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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