High Court Of ChhattisgarhMCRC/4607/2020allowed

Raimatiya And ORS. v. State Of Chhattisgarh

2020-08-27Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3699 of 2020

1. Ramashankar Sahu S/o Shobharam Aged About 65 Years,

2. Pranpati W/o Ramashankar Aged About 62 Years,

3. Sonmati W/o Babulal Aged About 35 Years,

4. Fulmati W/o Mohar Sai Aged About 30 Years. All are R/o Village Anjo, Police Station- Patna, Tahsil- Baikunthpur, District- Koriya, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Ajak Baikunthpur, District- Koriya, Chhattisgarh. ---- Respondent MCRC No. 4019 of 2020

1. Babulal S/o Ramashankar Aged About 35 Years,

2. Moharsay S/o Ramashankar Aged About 33 Years, Both are R/o Village Anjo, Police Station Patna, Tahsil Baikunthpur, District Koriya Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Ajak Baikunthpur, District Koriya Chhattisgarh ---- Respondent MCRC No. 4607 of 2020

1. Raimatiya W/o Subar, Aged About 65 Years,

2. Sumitra W/o Bijendra, Aged About 60 Years,

3. Anarkali W/o Dinesh, Aged About 32 Years,

4. Subaran S/o Tibularam, Aged About 70 Years,

5. Vinesh Kumar S/o Subaran, Aged About 40 Years, All are R/o Village Anjokhurd, Police Station Patna, Tahsil Baikunthpur, District Koriya Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Of Police Station Patna, District - Koriya Chhattisgarh. ---- Respondent For Applicants in MCRC No.3699/2020:- Mr. Anil Gulati, Adv. & MCRC No.4019/2020 For Applicants in MCRC No.4607/2020:- Mr. Pravin Kumar Tulsyan, Adv. For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/08/2020

1. Heard.

2. The applicants have preferred these applications filed under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime Nos.10/2020 and 74/2020 registered in Police Station Ajak Baikunthpur District Koriya C.G. and Patna, DistrictKoriya C.G., respectively for the offence punishable under Sections 147, 148, 149, 307 read with Section 34 of the I.P.C. ; Section 3(2)(v)

of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

3. These three bail applications would arise out of the same incident. While MCRC No.3699/2020 and 4019/2020 arises out of crime No.10/2020 registered on the report of Subaran Lodhi, MCRC No.4607/2020 relates to crime No.74/2020 registered on the report of Ramashankar Sahu. Thus both the cases are counter case of each other. In both crime numbers injured persons have sustained injuries caused by means of axe, club etc. In either of the case head injury caused to the injured persons are not accompanied with any bony injury.

4. Considering the fact that both the parties have sustained injuries in a group fight and they are in jail since 18.05.2020 and the charge sheet has been filed in both the cases, this Court is inclined to release all the applicants on bail.

5. Accordingly, all the bail applications filed under Section 439 of the Cr.P.C. are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of ₹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) Judge Ayushi