Bhupesh Yadav@ Aman Thetwar vs State Of Chhattisgarh

Heard.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested on 04.02.2021 in connection with Crime No.406/2020 registered at Police Station Mohannagar, District Durg (CG) for the offence punishable

under Sections 302, 147, 148/34 of IPC and Sections 25 & 27 of Arms Act.

Brief facts of the case are that complainant Jasmit alias Jassi Singh lodged FIR on 18-12-2020 that in the evening of 18-12-2020, there was a

quarrel between Pratik alias Lucky Parihar and accused Kishan Chandrakar over mobile phone. The complainant took mobile phone from Pratik alias

Lucky Parihar and over mobile he called accused Kishan Chandrakar so that he would make compromise between Pratik alias Lucky Parihar and

Kishan Chandrakar. At about 8.30 pm,when Pratik alias Lucky Parihar, Amit Suryavanshi alias Kalu, VikasSingh alias Babbu, Shubham Mahobia and

complainant were standing near Shankar Nagar, Durga Chowk, at that time, accused Krishna alias Kishan Chandrakar, Ravi Chandrakar, Balkaran

alias Govind Yadav, Lucky alias Lalan Sarthi, Sujal Sarthi and 7-8 others camethere holding shock-up, knife, stick, etc and started quarreling with

Pratik alias Lucky Parihar. At that time, Kishan Chandrakar, Ravi Chandrakar, Balkaran alias Govind Yadav, Lucky alias Lalan Sarthi,Sujal Sarthi

along with 7-8 others associates, with common intention to murder Pratik alias Lucky Parihar, started committing marpeet threatening to kill him, Ravi

Chandrakar stabbed him twice with knifenear stomach and chest, Krishna alias Kishan Chandrakar, Balkaranalias Govind Yadav assaulted him by

hands and fists, iron pipe, Luckyalias Lalan Sarthi and Sujal Sarthi assaulted Pratik with hands and fists, and others also assaulted him with iron pipes,

hands, fists and sticks. He was taken to District Hospital, Durg, where the doctor declared him dead due to injuries.

Learned counsel for the applicant submits that the co-accused namely Vijay Sarthi @ Bittu, Lalla Sarthi @ Bhagyawan Sarthi, Yogesh Dhimar and

Devprakash @ Akka have been enlarged on bail by the co-ordinate Bench of this Court in M.Cr.C. No.3387 of 2021 & other connected matters and

the case of the present applicant is similar to those co-accused. He referred to the statement of eye witness namely Amit Suryavanshi and would

submit that under the same allegation the other co-accused have been enlarged on bail by the co-ordinate Bench, therefore, the present applicant is

also entitled for grant of bail, therefore, he may be released on bail.

On a specific query having been made to the State counsel as to whether the case of the present applicant is similar to the other co-accused, who

have been granted bail, it is submitted that the the same allegations are against the present applicant and the same statement has been made against

the persons who have been enlarged on bail.

Considering the fact that the other co-accused have been enlarged on bail and it is not disputed that the case of the present applicant is similar to

those, I am inclined to release the applicant on bail.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/-

with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the

said Court.