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High Court Of ChhattisgarhMCRCA/104/2020partly allowed

Budhram v. State Of Chhattsgarh

2020-06-16Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Budhram S/o Bihari Aged About 81 Years;

2. Ramchandra S/o Budhram Aged About 50 Years;

3. Manish S/o Ramchandra Aged About 22 Years;

4. Ishwar S/o Rambadan Aged About 36 Years;

All are R/o Village - Savaravan, Police Station And Tahsil - Odgi, District - Surajpur Chhattisgarh.

---- Applicants

Versus

• State Of Chhattsgarh Through Arakshi Kendra Odgi, District Surajpur Chhattisgarh.

---- Respondent For Applicants :- Mr. Gyan Prakash Shukla, Advocate For Objector :- Mr. Nishi Kant Sinha, Advocate For State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/06/2020

1. The applicants have preferred this application for grant of

anticipatory bail, as they apprehend their arrest in connection with Crime No.80/2019, registered in Police Station Odgi, District Surajpur C.G. for offences under Sections 294, 506, 323/34, 326 of the I.P.C.

2. It is alleged that injured Laxman was assaulted over his head by Ramchandra (applicant No.2 herein) by means of an axe causing serious injury while other applicants assaulted the injured by means of hands, fist, kicks and club.

3. Learned State Counsel would oppose the prayer for grant of bail.

4. Considering the fact that the injured has sustained only one serious injury over his head and for the fact that the said injury is allegedly caused by applicant No.2 Ramchandra, his prayer for grant of anticipatory bail is dismissed. Other applicants namely Budhram, Manish and Ishwar i.e. applicants No.1, 3, 4 respectively are directed to be released on anticipatory bail.

5. Accordingly, the bail application in respect of applicant No.2 Ramchandra is rejected and the bail application in respect of the applicants namely Budhram, Manish and Ishwar i.e. applicants No.1, 3, 4 respectively is allowed and it is directed that in the event of arrest of the applicants

No.1, 3 and 4, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) they shall make themselves available for interrogation by a police officer as and when required; (ii) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

SD/- (Prashant Kumar Mishra) Judge Ayushi