Harinath Singh And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2325 of 2016
1. Harinath Singh, S/o Jindalal Gaud, aged about 48 years,
2. Rajaram, S/o Harinath Singh, aged about 22 years, Both above R/o Village Chandarsarai, Police Station Raghunathnagar, Distt. Balrampur (C.G.) ---- Applicants
Versus
State of Chhattisgarh, Through Station House Officer, Police Station Raghunathnagar, Distt. Balrampur (C.G.) ---- Non-applicant For Applicants:
Mr. Ravindra Sharma, Advocate.
For Non-applicant:
Mr. Arun Sao, Deputy Advocate General.
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/05/2016
1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.35/2015, registered at Police Station Raghunathnagar, Distt. Balrampur, for the offence punishable under Sections 147, 148, 307 and 323 read with Section 149 of the IPC.
2. Case of the prosecution, in brief, is that in a dispute concerning possession over land which was floated by the opposite party, the applicants along with three other accused persons have allegedly assaulted injured Ram Chandra, Jitendra Kushwaha and Raghuveer Kushwaha by means of lathi, hands and fists. While Ram Chandra sustained six injuries including one lacerated wound over frontal bone and another lacerated wound over occipital bone, other two injured persons have sustained injuries on non-vital parts.
3. The applicants are in jail since 17-12-2015 i.e. for more than six months.
4. Considering the entirety of the circumstances including the genesis
of the incident, absence of use of any lethal weapon and length of pretrial detention, this Court is inclined to grant bail to the applicants. Accordingly, the bail application is allowed.
5. It is directed that in the event of applicants' executing a personal bond for a sum of Rs.25,000/- each with two sureties for the like amount to the satisfaction of the trial Court concerned, they shall be released on bail. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Vacation Judge (Prashant Kumar Mishra) Soma