Naansay And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2240 of 2021

1. Naansay S/o Late Likhu Ram, Aged About 52 Years,

2. Smt. Seeta W/o Naansay, Aged About 40 Years Both R/o Jigdi Uraonpara, Thana Pasta, District Balrampur-Ramanujganj Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Police Station Pasta, District Balrampur Ramanujganj Chhattisgarh ---- Respondent For applicants - Shri A.K. Yadav, Advocate.

For Respondent/State - Shri Anmol Sharma, PL. Hon'ble Shri Justice Goutam Bhaduri Order 13/07/2021 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.82/2020 registered in Police Station- Pasta, District Balrampur Ramanujganj (C.G.) for offence punishable under sections 307, 294, 506 part 2, 323 read with 34 of Indian Penal Code.

2.

As per the prosecution case, on 13/10/2020 over a land dispute the present applicants assaulted Boya Ram by way of club and also assaulted his wife.

3.

Learned counsel for the applicants submits that the over a land dispute the incident happened and initially the offence was simple, subsequently after the CT scan section 307 of IPC has been added and charge sheet has been filed, therefore the applicants may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail and would submit that because of the grievous injury it has caused paralysis of

right side to the Boya Ram and because of the incident it has serious injury on the brain.

5.

Considering the statement of Boya Ram, nature of assault it has caused complete paralysis of right side of the injured, I am not inclined to release applicant No.1 Naansay on bail.

6.

Accordingly the bail application in respect of applicant No.1 Naansay is rejected.

7.

However, in respect of applicant No.2 Smt. Seeta taking into fact that only allegation of beating by hand and fist is attributed, I am inclined to release applicant No.2 Smt. Seeta on bail. 8.

Accordingly, the bail application in respect of applicant No.2 Smt. Seeta is allowed and it is directed that the applicant No.2 Smt. Seeta shall be released on her furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for her regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri