Panna Lal Chauhan And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.1112 of 2015

1. Panna Lal Chauhan S/o Ganpatram Aged About 40 Years

2. Ramprasad @ Ramprasad Chauhan S/o Ganpatram Aged About 45 Years

3. Rajendra @ Rajendra Chauhan S/o Ramprasad Aged About 22 Years All are R/o Village Pakhanakot, P.S. Kapu, Tahsil Dharamjaigarh, Civil & Rev. Distt. Raigarh, Chhattisgarh.

---- Petitioner

Versus

State Of Chhattisgarh Through The P.S. Kapu, Distt. Raigarh. ---- Respondent For Applicants :

Shri A. N. Bhakta, Advocate For Respondent/State :

Shri Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/11/2015 Heard.

2.

The applicants are apprehending their arrest in connection with Crime No.71/2015 registered at Police Station-Kapu, District Raigarh (CG) for alleged commission of offence under Section 294, 323, 506, 452/34 of IPC. 3.

Prosecution case is that the applicants entered the house of Mahendra and assaulted him with club, fists and legs.

4.

Learned counsel for the applicants submits that the applicants have been falsely implicated. In fact, no incident happened inside the house of Mahendra and the injuries are simple in nature. He next submitted that one of the accusedNeelawati has already been granted anticipatory bail by this Court in

M.Cr.C.A.No.824 of 2015.

5.

On the other hand, learned State counsel opposes the bail application. 6.

Taking into consideration the statement of Mahendra and the injury report, it is not a fit case to grant anticipatory bail to the applicants. 7.

Accordingly, the application is rejected.

8.

Learned counsel for the applicants submits that the applicants intend to surrender and apply for grant of regular bail before the Court below, therefore, he prayed that the Court below may be directed to consider and decide their regular bail application on the same date.

9.

It is directed that if the applicants apply for grant of regular bail before the Court below, the Court below shall consider and decide the same as early as possible.

Sd/- Manindra Mohan Shrivastava Judge Tumane