Ritesh Patel vs State Of Chhattisgarh

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has

been arrested in connection with Crime No.114/2017 registered at Police Station Tendukona, District Mahasamund (C.G.) for the offence punishable

under Sections 147, 342, 294, 186/149, 353/149 & 332/149 of the Indian Penal Code.

Case of the prosecution, in brief, is that the applicant along with other co-accused persons assaulted Inspectors namely, Yogesh Dhruv & Krishna

Dhruv and thereby committed the aforesaid offence.

Learned counsel for the applicant would submit that other co-accused persons have been granted bail by this Court in M.Cr.C. Nos. 7664/2017,

7592/2017, 7889/2017 and 7583/2017 vide order dated 31-01-2018, the applicant is in jail since 26-10-2017. Charge-sheet has already been filed and no

useful purpose will be served by detaining him in jail, therefore, he 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 and circumstances of the case, further taking into consideration the nature and gravity of the offence, other co-

accused persons have already been granted bail M.Cr.C. Nos. 7664/2017, 7592/2017, 7889/2017 and 7583/2017 vide order dated 31-01-2018 and the

fact that the applicant is in custody since 26-10-2017, this Court is of the opinion that present is a fit case in which the applicant 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 applicant shall be released on bail on his

furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance

as and when directed.