Hanslal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 5748 of 2017

1. Veer Singh S/o Hanslal, aged about 32 years, Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh.

2. Ramsingh S/o Hanslal, aged about 30 years, Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh.

3. Manraj S/o Seenglal, aged about 38 years, Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh.

4. Vijay Singh S/o Manraj, aged about 26 years, Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh.

5. Angad S/o Manraj, aged about 35 years, Village Khairbana, Police Station Manendragarh, District Koriya Chhattisgarh.

6. Shivnarayan S/o Ramcharan, aged about 35 years, Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh.

7. Sukal S/o Goptal aged about 40 years, Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh.

8. Nandlal S/o Chaita, aged about 42 years, Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh. ---- Applicants

Versus

State of Chhattisgarh through Police Station Manendragarh, Civil & Revenue District Koriya, Chhattisgarh.

---- Respondent Misc. Criminal Case No. 5840 of 2017 Hanslal S/o Jagdev, aged about 65 years, R/o Village Khairbana, Police Station Manendragarh, District Koriya, Chhattisgarh. ---- Applicant Vs State of Chhattisgarh through Police Station Manendragarh, Civil & Revenue District Koriya Chhattisgarh.

---- Respondent For Applicants :

Shri Adil Minhaj, Advocate For Respondent/State :

Smt. M. Asha, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board

24/11/2017 Both the applications have been filed u/s 439 of Cr.P.C. for grant of bail to the applicants who have been arrested in connection with Crime No. 222/2017 registered at Police Station Manendragarh, District Koriya (CG) for the offence punishable under Sections 147, 148, 149, 294, 506, 323 & 307 of IPC. The applicant Hanslal is in jail since 24.07.2017 and all other applicants are in jail since 25.07.2017.

2. Counsel for the applicants submits that the present applicants had a land dispute with the complainant side. On the date of incident i.e. 10.07.2017 the complainant side came to the field for ploughing which resulted in a fight between the two groups and in the process some persons in the complainant side received injury. He submits that four persons had sustained injuries of which the injuries sustained by three persons were simple in nature whereas the fourth person had received a fracture on his left ulna bone and only on the basis of the fracture on Ulna bone, the offence under section 307 has been lodged against the applicants. He submits that all the applicants have already remained in custody for a period of about four months and deserve to be released on bail. 3.

State counsel does not dispute this aspect on perusal of the case diary.

4.

Having considered the facts and circumstances of the case particularly the nature of dispute between the parties and the injury sustained by the complainant side, in addition, considering the period of custody already undergone by the applicants, this Court is of the opinion that prima facie, a strong case for grant of bail has been made out. 5.

Accordingly, the applications for grant of bail are allowed. It is directed that the Applicants in both the cases i.e. M.Cr.C. Nos. 5748/17 and 5840/17 will be released on bail on their furnishing a personal bond in the

sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Bhola