Allowed

Damleshwar Baghel v. State of Chhattisgarh

Chhattisgarh HC9 Dec 2022MCRCA/1442/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to multiple applicants accused of offences including affray and culpable homicide arising from an incident at an environmental clearance hearing. The Court noted that co-accused had already been enlarged on bail.

What did the court decide?

Granted anticipatory bail contingent upon furnishing a personal bond of Rs.25,000/ each and appearing before the IO on 03/01/2023.

Damleshwar Baghel Vs State of Chhattisgarh — Quashing and FIR | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 1442 of 2022

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Damleshwar Baghel S/o Late Puran, Aged About 30 Years R/o Village And Post Office Chapka, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Sanku @ Bhalu, S/o Chumman, Aged About 25 Years R/o Village And Post Office Chapka, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Balram S/o Bhagtu, Aged About 28 Years R/o Village And Post Office Chapka, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Deepesh Baghel, S/o Keja Bahel, Aged About 36 Years R/o Village And Post Office Chapka, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Govind Ram, S/o Late Lakhmu Ram, Aged About 40 Years R/o Village And Post Office Chapka, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Bhagirathi S/o Mosu Ram, Aged About 32 Years R/o Village And Post Office Chapka, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Chaitu Ram, S/o Laxminath, Aged About 28 Years R/o Village And Post Office Chapka, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Ajay Mourya, S/o Somaru Mourya, Aged About 17 Years R/o Village Usri, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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Sevak Ram Mandavi, S/o Lakhmu Ram Mandavi, Aged About 38 Years R/o Village Usri, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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10.Kailash Mourya, S/o Chatur Mourya, Aged About 32 Years R/o Village Sonarpal, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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11.Lakhmu Mourya, S/o Budhram Mourya, Aged About 45 Years R/o Village Sonarpal, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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---- Applicants Versus

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State Of Chhattisgarh Through The Station House Officer, Bhanpuri, Police Station Bhanpuri, District Bastar (Chhattisgarh)

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---- Respondent

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For Applicants	: Shri Surendra Kumar Dewangan, Advocate
For State	: Shri Kunal Das, Panel Lawyer

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Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

09/12/2022

Heard.

The applicants are apprehending their arrested in connection with Crime No.41/2021 registered at Police Station – Bhanpuri, District – Bastar (C.G.) for alleged commission of offences under Section 147, 148, 149, 186, 332, 427 of IPC.

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Prosecution case is that a complaint was filed by the complainant – SHO – Bhanpuri, Bastar that on a public hearing organized for environmental clearance for establishment of M/s. Gopal Sponge Iron and Pvt. Ltd., the applicants and other accused persons opposed, caused hindrance in official duty and also attacked with stone and bricks on the complainant and one Nitin Jain, who was supporting the establishment of the plant.

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Learned counsel for the applicants would submit that the applicants have been falsely implicated. The other co-accused persons have been enlarged on anticipatory bail by the co-ordinate Bench of this Court in MCrC (A) No.1082/2021 and the allegations against the present applicants are no different. Therefore, the applicants may also be granted anticipatory bail.

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On the other hand, learned State counsel opposes prayer and submits that looking to the seriousness of allegations, the applicants are not entitled to grant of anticipatory bail, however, learned State counsel does not dispute that the other co-accused persons have been enlarged on anticipatory bail by this Court.

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I have heard learned counsel for the parties and perused the case diary.

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Looking to the facts and circumstances of the case and that the other co-accused persons have been granted anticipatory bail by the co-ordinate Bench of this Court in MCrC (A) No.1082/2021, I am inclined to grant bail to the applicants.

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Accordingly, the application is allowed. It is directed that in the event of arrest of the applicants, they shall be released on bail on each of them

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furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the arresting officer, on the following conditions:-

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(a) they shall make themselves available for interrogation by the concerned police officer as and when so required.

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(b) 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 fact to the Court or to any police officer,

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(d) they shall not involve themselves in any offence of similar nature in future.

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(e) they shall appear before the Investigating Officer / Police for co-operating with the investigation on 03/01/2023.

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The observations made herein above is only for the purpose of deciding the bail application and the trial Court shall decide the case on its own merits without being influenced by any observations made herein above. It is made clear that if any of the aforesaid conditions is violated by the applicants, the State / Objector would be free to move for cancellation of bail.

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Sd/- (Sachin Singh Rajput ) Judge

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Deepti

Damleshwar Baghel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Damleshwar Baghel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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