Satyanarayan And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3302 of 2020

1. Satyanarayan S/o Ramsyambar, Aged About 25 Years R/o Ward No. 3, Mouhar Para, Tahsil Manendragarh, District Korea Chhattisgarh

2. Sohan, S/o Ramsyambar, Aged About 30 Years R/o Ward No. 3, Mouhar Para, Tahsil Manendragarh, District Korea Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through - Police Station Manendragarh, District Korea Chhattisgarh ---- Respondent For Applicants :

Shri Hemant Agrawal, Advocate For State :

Shri Ravish Verma, Govt. Adv.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/08/2020 Heard.

1.

The applicants have been arrested in connection with Crime No.144/2020 registered at Police Station - Manendragarh, District - Koriya (C.G.) for alleged commission of offences under Section 341, 294, 506, 307, 34 of IPC. 2.

Prosecution case is that the applicants assaulted with rod and club in which five persons sustained injury. Out of these, three victims sustained injury on their chest and head also.

3.

Learned counsel for the applicants would submit that the applicants are not aggressors. The complainants opened assault. The applicants have sustained injury. It is submitted that investigation is complete and charge sheet has been filed, therefore, they may be granted bail.

4.

On the other hand, learned State counsel submits that the applicants opened assault with rods and club causing head injury. Therefore, they may not be granted

bail.

5.

Taking into consideration the submission of learned counsel for the parties, particularly, taking into consideration that the applicants side has also lodged report alleging assault on them and injury caused and further taking into consideration that investigation is complete, charge sheet has been filed, at this stage, I am inclined to grant bail to the applicants.

6.

Accordingly, the bail application is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the Trial Court on the condition that - a) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) They shall not in any manner, tamper with the prosecution witnesses. Repetition of the offence against the victims or any other person, shall render the bail granted, liable to be cancelled.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti