Basant And ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3575 of 2016
1. Basant S/O Tihari Yadav Aged About 45 Years R/O Village Devri (Karhi), Police Station & Tahsil Mungeli, District Mungeli, Chhattisgarh.
2. Goverdhan @ Manijar S/O Dhruv Yadav Aged About 55 Years R/O Village Devri (Karhi), Police Station & Tahsil Mungeli, District Mungeli, Chhattisgarh.
3. Baldau S/O Rikhiram Yadav Aged About 48 Years R/O Village Devri (Karhi), Police Station & Tahsil Mungeli, District Mungeli, Chhattisgarh.
4. Gunja @ Sanjay @ Kunjram S/O Goverdhan Yadav Aged About 30 Years (In The Charge Sheet Name Is Mentioned As Kunjram @ Gunja Yadav) R/O Village Devri (Karhi), Police Station & Tahsil Mungeli, District Mungeli, Chhattisgarh.
---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Mungeli, District Mungeli, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicants :
Mr. Akhil Mishra, Advocate For Respondent/State :
Mr. Anant Bajpai, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 12.07.2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 6-5-2016 in connection with Crime No. 126 of 2016 registered at Police Station Mungeli, District Mungeli (CG) for the offence punishable under Sections 147, 148, 149, 294, 506, 323, 324, 325 & 326 and Sections 25 & 27 of the Arms Act. 2.
As per prosecution case, on 3-3-2016 a quarrel took place between the complainant Raj Kumar Yadav and others and the applicants due to previous dispute which was existing and the applicants attacked Gorelal and others by sword, axe and clubs as
a result of which Jhumuk, Kirtan, Rakjumar and Gorelal sustained injuries and thereby the aforesaid offence was committed. 3.
Learned counsel appearing for the applicants would submit that the case arose out of a dispute in between earlier existing dispute of some marriage in between the parties and the complainants were also booked under Sections 147, 148, 294, 323 & 506 of the IPC which would be evident from Annexure A/2 and one of the complainants has been enlarged on bail by the trial Court. He would further submit that Jhumuk and Kirtan sustained lacerated wounds and Gorelal and Rajkumar sustained fracture of bones. He would further submit that during quarrel complainant party also assaulted the applicants, the charge-sheet has been filed in this case, the applicants are in jail since 6-5-2016 and no further investigation is necessary, therefore, they may be released on bail. 4.
On the other hand, learned State counsel opposes the bail application.
5.
I have heard learned counsel for the parties and have also perused the case diary and the documents.
6.
Perused the statement of injured Gorelal and other injured persons which would show that a dispute arose between the parties wherein the complainants and the applicants attacked each other.
7. Taking into consideration the totality of the circumstances and the nature of injuries sustained by the complainants, arms used in the incident wherein sword has been attributed to Basant and axe has been attributed to Goverdhan @ Manijar, clubs have been attributed to Baldau and Gunja @ Sanjay and the further considering the nature of injuries caused by applicants No.1 and 2, Basant and Goverdhan @ Manijar, I am not inclined to release
them on bail. Accordingly, their bail application is liable to be and is hereby dismissed.
8.
So far as applicants No.3 and 4 Baldau and Gunja @ Sanjay are concerned, considering the facts and circumstances of the case and the act attributed to applicants No. 3 and 4, I am inclined to release them on bail. Accordingly, the bail application filed by applicants No. 3 and 4 Baldau and Gunja @ Sanjay is allowed and it is directed that the applicants Baldau and Gunja @ Sanjay shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Raju