High Court Of ChhattisgarhMCRC/4570/2021allowed

Lankeshwar @ Lankesh v. State Of Chhattisgarh

2021-09-06Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4570 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4570 of 2021

1. Lankeshwar @ Lankesh, S/o Shri Jagmohan Mire, aged about 25 years, R/o Village Jhitkaniya, Police Station Fasterpur, District Mungeli (CG)

2. Haresh @ Harish, S/o Shri Jagmohan Mire, aged about 40 years, R/o Village Jhitkaniya, Police Station Fasterpur, District Mungeli (CG) ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Fasterpur, District Mungeli (CG) ---- Non-Applicant For Applicant : Shri Pragalbh Sharma, Advocate.

For Non-Applicant : Shri Vikram Sharma, Deputy GA.

For Objector : Shri Akhtar Hussain, Advocate.

Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board /09/2021 :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.95/2020 registered in Police Station Fasterpur, District Mungeli for offence under Sections 147, 148, 149, 307, 294, 506, 325, 324 of the IPC.

2. On account of stoppage of bund, water clogging and removal of blockage over flow of water in the agricultural field, a dispute arose between the owners of neighbouring agricultural field in which the present applicants allegedly inflicted serious blow to the injured Krishna Kumar Miri, Lakhan Lal and Anish Kumar. Although Krishna

MCRC No. 4570 of 2021 Kumar and Lakhan Lal have sustained grievous injuries, but at the same time, it is to be seen that the the applicants are in jail since 24.7.2020 i.e. for more than 1 year & 1 month and the trial is pending for submission of trial programme by the prosecution.

3. Certified copy of the order sheets of the trial Court demonstrate that from 27.7.2021 onwards the matter is fixed for submission of trial programme but the same has not been completed by the prosecution.

4. Considering the length of pri-trial detention, I am inclined to release the applicants on bail.

5. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve