Khusiram And ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
of 201
1. Khusiram, S/o Hetu, aged about 65 years, Caste-Satnami,
2. Ganesibai, W/o Khusiram, aged 50 years, Caste-Satnami,
3. Suresh, S/o Khusiram, aged 32 years, Caste-Satnami,
4. Aemanbai, W/o Suresh, aged 25 years, Caste-Satnami, All are R/o Hardi, P.S. Sakti & Tahsil-Maalkharouda, Distt. Janjgir-Champa (C.G.) ---- Applicants
Versus
State Of Chhattisgarh Through District Magistrate, janjgirChampa, District Janjgir-Champa (C.G.) ......Non-applicant For Applicant:
Mr. Ishwar Jaiswal, Advocate.
For Respondent/State:
Mr. O.P. Sahu, Govt. Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 4 /201 Heard.
(1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 25/2016 registered at Police Station Sakti, Civil and Revenue District Janjgir-Champa for the offence punishable under Section 307/34 B of Indian Penal Code.
(2) Case of the prosecution, in brief, is that on 1.2.20016 applicants assaulted victims namely Sunita Bai & Ramu Satnami, by which they suffered grievous injuries, which were sufficient to cause their death.
(3) Learned counsel appearing for the applicants would submit that Ramu Satnami is the son of applicants No. 1 & 2 whereas Sunita Bai is daughter-in-law of the applicants No. 1 & 2 and, as such, on account of some property dispute, some dispute arises between the parties in which a false complaint has been registered against the applicants and they are languishing in jail since 02.02.2016. He further submits that the charge sheet is yet to be filed but the substantial investigation has already been completed and, therefore, the applicants may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.
(5) Taking into consideration the facts & circumstances of the case; nature of injuries suffered by the complainant and the fact that parties are close relative to each other; and considering their detention period and the substantial investigation has already been made; this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail application is allowed. (6) Accused/applicants are directed to be released on bail on each of them executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
Certified copy, as per rules.
Sd/- (Sanjay K. Agrawal) Judge D/-