Arun Kumar Sahu And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5765 of 2016

1. Arun Kumar Sahu S/O Sukhuram Sahu Aged About 33 Years R/o - Village - Shuklabhata, Post Office & Police Station - Magarlod, District - Dhamtari Chhattisgarh

2. Smt. Homeshwari Sahu @ Hasina Sahu W/o Umesh Kumar Sahu Aged About 23 Years R/o Village - Shuklabhata, Post Office & Police Station - Magarlod, District - Dhamtari Chhattisgarh --- Applicants

Versus

• State of Chhattisgarh through the Station House Officer, Police Station - Magarlod, District - Dhamtari Chhattisgarh --- Respondent For the applicant :

Mr. Shivendu Pandya, Advocate For the Respondent :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.09.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 119/2016 registered at P.S. Magarlod, Distt. Dhamtari (C.G) for the offence punishable under Sections 307, 325, 147, 294, 323 & 506 of IPC.

2. As per the prosecution case, on 26.6.2016 an altercation took place between the applicants and the complainant party namely Neel Kamal Sahu, Puranikram, Sandeep Sahu & Awadhram etc., and the dispute was further aggravated which led to assault. It is alleged that the complainants were assaulted by the present applicants by way of brick bats, club and wooden logs of bullock carts.

3. Learned counsel for the applicants would submit that the complainant party, in fact, has initially attacked the father of the applicant Arun Kumar Sahu, for which, the dispute

started. He further submits that no allegations have been attributed to applicants Arun Kumar Sahu & Smt. Homeshwari Sahu, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statements of victim Neel Kamal, Puranik Ram and others and Bhupendra Sahu.

6. Considering the allegations attributed to non-applicant No.2 Smt. Homeshwari Sahu @ Hasina Sahu, I am inclined to release her on bail. However, so far as it relates to applicant No.1 Arun Kumar Sahu, looking to the degree of allegations leveled against him, it is not a fit case to release him on bail.

7. Accordingly, the bail application of applicant No.2 Smt. Homeshwari Sahu is allowed and she is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She will also appear before the trial Court as and when directed by the said Court. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o