Banvari Lal v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4113 of 2019

1. Mohit Ram S/o Shri Banvari Lal Aged About 36 Years By Caste Chamar, R/o Village Kerabahra, Thana Kelhari, Tahsil Manendragarh, District Koriya Chhattisgarh

2. Amrit Lal S/o Shri Banvari Lal Aged About 26 Years By Caste Chamar, R/o Village Kerabahra, Thana Kelhari, Tahsil Manendragarh, District Koriya Chhattisgarh ---- Applicants

Versus

• The State Of Chhattisgarh Through District Magistrate, District Koriya Chhattisgarh ---- Non Applicant MCRC No. 4115 of 2019 • Banvari Lal S/o Shri Molai Aged About 59 Years R/o Village Kerabahra, Thana Kelhari, Tahsil Manendragarh, District Koriya Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through District Magistrate, District Koriya Chhattisgarh --- Non Applicant For the Applicants :

Mr. Parag Kotecha, Advocate For Non Applicant :

Ms. M. Asha, Panel Lawyer

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 01.

08.2019

1. Since both the petitions arise from same crime No., these bail petitions are being disposed off simultaneously.

2. These are first bail applications under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

3. Perused the case diary provided by the learned counsel for the State in connection with Crime No.23/2019 registered at Police StationKelhari, District- Koriya (C.G.) for the offence punishable under Sections 294, 506, 307, 326, 34 of Indian Penal Code and Section 25 and 27 of Arms Act.

4. Case of the prosecution, in brief is that on 16.04.2019 in the morning complainant Samuel Beck was picking Mahua in Bichlee forest. Applicants and co-accused Mansai reached there. Applicants Amrit Lal and Mohit Ram had battle axe. During the quarrel applicant Amrit Lal caused blow on his left leg by the axe, his left leg got amputated. Applicant Mohit Ram caused injury on his right ankle by the axe. Applicant Banvari Lal and co-accused Mansai beat him by hands and fists. As per the MLC report of the complainant three incised wounds and one contusion were found on his body. As per the query report the Doctor opined that if the complainant could not have got immediate treatment, he might have died.

5. Learned counsel for the applicants submits that applicants have no criminal background, they are innocent, therefore, they shall be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application, however, submits that one another criminal case under the IPC has been registered against the applicant Mohit Ram. Two other criminal cases under IPC have been registered against the applicant Banvari Lal. No antecedent has been reported against the applicant Amrit Lal.

7. Looking to the above mentioned facts and circumstances of the case,

looking to the materials available on record against the applicants, looking to the seriousness of the offence, the present bail application is rejected.

Sd/- Sd/- (Sharad Kumar Gupta) Judge PM