RAKESH SARTHI vs STATE OF CHHATTISGARH

Since the aforesaid two bail applications have been filed against the said Crime No. 499/2017, they are being disposed of by this common order.

These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who

have been arrested in connection with Crime No. 499/2017, registered at Police Station- Chowki Sakri, Police Station- Chakarbhata, District Bilaspur

(C.G.), for the offence punishable under Sections 147, 148, 294, 506, 427, and 452 of the IPC.

Case of the prosecution, in brief, is that on 22.10.2017, the applicants along with other four co-accused persons duly armed with club and stones

damaged the government / public property and thereby committed offence under above mentioned sections.

Learned counsel for the applicants would submit that the applicants have not committed any offence and has falsely been implicated in crime in

question. He would further submit that no useful purpose would be served by detaining them in jail as three other co-accused persons namely Ankit

Sarthi, Vijay Maravi and Nikhil Yadav have already been released on bail on 13.02.2018 passed in M.Cr.C. No. 7669/2017. He would also submit that

the applicants are in jail since 29.11.2017 and charge-sheet has already been filed, therefore, they may be released on regular bail.

On the other hand, learned counsel for the State would oppose the bail application.

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

Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; role of the

present applicants; statement of the applicants that charge sheet has already been filed and three other co-accused persons have already been granted

bail, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the

like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.