High Court Of ChhattisgarhMCRC/3755/2021allowed

Amit Kumar Markam And ANR. v. State Of Chhattisgarh,

2021-07-23Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3755 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3755 of 2021

1. Amit Kumar Markam, S/o Shiv Kumar Markam, age about 24 years, R/ o Bandhwapara, Sarkanda, Bilaspur (CG)

2. Ishwar Mahroliya, S/o late Tejpal Mahroliya, age about 34 years, R/o Imalibhatha, Bandhwapara, Sarkanda, Bilaspur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Sarkanda, Bilaspur District Bilaspur (CG) ---- Non-Applicant For Applicant : Shri KPS Gandhi, Advocate.

For Non-Applicant : Shri Sudeep Agrawal, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 23/07/2021 :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.113/2021 registered in Police Station: Sarkanda, Bilaspur District Bilaspur for offence under Section 294 and 302/34 of the IPC.

2. On some dispute the accused persons assaulted the deceased by hands and fists on 24.1.2021 and thereafter again on 25.1.2021. However, no report was lodged of these two incidents. The deceased along with his family went to his in-laws' house where he complained of pain and inflammation in his hands, legs and chest. He was taken to the hospital

MCRC No. 3755 of 2021 where he was declared brought dead. In the postmortem report, the deceased was found to have sustained abrasions.

3. Admittedly, the applicants have not used any weapon while assaulting the deceased. The death has taken place after 2 days of the first incident.

4. Considering the nature and quality of evidence, 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