Jeevan Patre & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3011 of 2019
1. Jeevan Patre S/o - Khelan Patre, Aged about - 52 years, R/o - Village Loharakapa, P.S. Jarhagaon, Tahsil and District - Mungeli (C.G.)
2. Ramsingh Patre, S/o - Khelan Patre, Aged about - 45 years, R/o - Village Loharakapa, P.S. Jarhagaon, Tahsil and District - Mungeli (C.G.)
3. Sunil Patre, S/o - Jeevan Patre, Aged about - 20 years, R/o Village - Loharakapa, P.S. Jarhagaon, Tahsil and DistrictMungeli (C.G.)
4. Pamlesh, S/o - Hukumchand Patre, Aged about - 20 years, R/o - Village Loharakapa, P.S. Jarhagaon, Tahsil and District - Mungeli (C.G.) ---- Applicants
Versus
• State of Chhattisgarh, Through - Police Station Jarhagaon, District - Mungeli (C.G.) ---- Respondent For applicants : Shri Rajesh Jain, Advocate For respondent/State : Shri H. S. Ahluwalia, Dy. A. G.
Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.06.2019
1. This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 30.03.2019 in connection with Crime No. 81 of 2019 registered at Police Station Jarhagaon, District - Mungeli (C.G.) for the offence punishable under Sections 294, 323, 324, 506, 326 read with Section 34 of IPC.
2. As per the prosecution case, the incident took place on 21.03.2019 at about 10-00 am due to sprinkling of Tap water, some quarrel was taken place and accused Jeevan
Patre assaulted the complainant by means of Sword and other instruments.
3. Learned counsel for the applicants submits that it is a case of free fight and applicants were not habitual offenders therefore, they may be released on bail.
4. On the other hand, learned State counsel opposes the application for grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the submission of learned counsel for the parties, nature of allegations, the applicants are in jail since 30.03.2019, investigation is complete, charge sheet has been filed, I am inclined to release the applicants on bail.
7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 20,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial Court regularly on each and every date, unless exempted from appearance.
Sd/- (Ram Prasanna Sharma) VACATION JUDGE N.Mohle