VENKATESH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. This order shall dispose of M. Cr. C. No. 392/2007, M. Cr.C.No.504/2007 and M. Cr. C. No. 523/2007 as all the bail applications arise out of a similar crime number.

(2.) These are the 3 bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with crime No. 597/2006, registered at Police Station Old Bhilai, Bhilai, for commission of the offence punishable under Sections 224, 225, 307, 328 & 120B of the IPC.

(3.) The case of the prosecution is that on 20.11.2006, 8 persons were sent from Central Jail Raipur to Durg for their production before the concerned Courts. After their production, the police personnels, who had to take the prisoners from Durg to Raipur, availed the facility of 2 Scorpio vehicles, which are said to be arranged by the accused persons including the co-accused of this case namely Nasibuddin, Sirajuddin and Rajesh (who are also prosecuted in this case). The allegations are that when these vehicles were passing through a place in between Charoda and Janjgiri, some food material like cakes and sweets etc. were given by the said 3 persons to the police personnels, in which, some poisonous substance was mixed due to which, those police personnels became unconscious and ultimately, the said 3 accused persons fled away from the police custody. The specific allegation against the applicant-Venktesh Sharma is that after the said incident, he had a talk with the co-accused person Nasibuddin on his mobile phone and he had provided a motorcycle and Rs.1,000 to Nasibuddin for running away from the vicinity of the concerned area. The allegations against the 2 other co-accused persons namely Vijay Singh and Nirmal Singh are that they had arranged those vehicles for travelling the accused persons from Durg to Raipur.