CourtKutchehry.com
High CourtsSingle Bench

Shatrughan Bariha vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 10 May 2022 · Citation: (2022) 05 CHH CK 0021

HON’BLE JUDGES
Sanjay K. Agrawal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 186, 294, 323, 332, 353, 392, 427, 506 · Code Of Criminal Procedure, 1973 — Section 439 · Prevention of Damage to Public Property Act, 1984 — Section 3
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 1753 Of 2022
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 349 words
1.

Heard.

2.

The applicant has been arrested in connection with Crime No.415/2021 registered at Police Station Saraipali, District Mahasamund, C.G. for alleged commission of offence under Sections 186 ,353, 332, 294, 323, 506, 147, 148, 149, 427, 392 of the IPC and under Section 3 of the Prevention of Damage of Public Property Act.

3.

Case of the prosecution, in brief, is that during Deepawali festival, the police personnel on receiving a secret information conducted raid for catching the gamblers at that time the applicant and other co­accused persons abused the police officers, assaulted them and also damaged the government vehicle and thereby the present applicant and other co­accused persons committed the aforesaid offence.

4.

Learned counsel for the applicant submits that the applicant has been falsely implicated crime in question, he has not committed any offence and the applicant is in jail since 11.11.2021. He further submits that the other co­accused persons namely Prahallad Patel (MCRC No.9046/2021), Suresh Sahu(195/2022), Anand Nishad, Vinod Nishad, Mukesh Nishad, Pardesi Nishad (all are in MCRC No.9582/2021), Noorpati Patel (MCRC No.9822/2021) & Chandrashekhar (MCRC No.10001/2021) have already granted bail by this Court.

5.

Per contra, learned State counsel opposes the bail application.

6.

I have heard learned counsel for the parties perused the records.

7.

Taking into consideration the facts and circumstances of the case, nature and gravity of offence, looking to the detention period of the applicant and further considering the applicant is in custody since 11.11.2021; the other co­ accused persons have already granted bail and trial is likely to take some more time, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the present applicant Shatrughan Bariha shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/­ with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9.

Certified copy as per rules.