Kamlesh Thakur v. State Of Chhattisgarh

MCRC No. 2914 of 2021 & MCRC No. 3714 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2914 of 2021 Ashok Singh Thakur, son of Krishna Kumar Thakur, aged about 40 years, resident of Village Gudela, Police Station Patewa, Tahsil & District Mahasamund (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationPatewa, District- Mahasamund (CG) ---- Non-Applicant MCRC No. 3714 of 2021 Kamlesh Thakur, aged 30 years, S/o Lt. Shri Dongar Singh Thakur, R/o Gudelabhata, PS Patewa, District Mahasamund (CG) ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Patewa, Mahasamund Chhattisgarh. ---- Non-Applicant For Applicant : Shri R. Pradhan & Shri Lukesh Kumar Mishra, Adv. For Non-Applicant : Shri VR Tiwari, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 23/07/2021 :

1. The aforesaid MCRCs are being disposed of by this common order as they arise out of Crime No.28/2021 registered in Police Station: Patewa District Mahasamund for offence under Section 294, 323 & 302/34 of the IPC.

MCRC No. 2914 of 2021 & MCRC No. 3714 of 2021

2. On dispute concerning use of pathway opposite to the deceased's house, an altercation took place between the accused persons and the deceased at about 7.30 pm on 29.1.2021 wherein present applicants Ashok Singh Thakur and Kamlesh Thakur caught hold of the deceased and third accused Kishore Patel caused injuries on the person of the deceased by means of club.

3. Considering the eyewitness account rendered by the informant Tijan Bai, who happens to be the wife of the deceased, I am not inclined to release the applicants on bail at this stage. Accordingly, the applications are rejected reserving liberty in favour of the applicants to revive the prayer after examination of the eyewitness. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve