Nagwanti Devi And Another v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8148 of 2020 Meghnath S/o Ramdulare Prajapati Aged About 34 Years R/o Vijaynagar, Police Chowki- Vijaynagar, Police Station- Ramanujganj, District- BalrampurRamanujganj, Chhattisgarh ---- Applicant
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State Of Chhattisgarh Through- The Station House Officer, Police StationRamanujganj, Police Chowki- Vijaynagar, District- Balrampur-Ramanujganj, Chhattisgarh ---- Respondent MCRC No. 95 of 2021
1. Rajeshwar Prajapati S/o Maaldev Prajapati Aged About 40 Years R/o Vijaynagar, Police Chowki - Vijaynagar, Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh
2. Ramdulare Prajapati S/o Maaldev Prajapati Aged About 50 Years R/o Vijaynagar, Police Chowki - Vijaynagar, Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh
3. Ramsevak Prajapati S/o Maaldev Prajapati Aged About 45 Years R/o Vijaynagar, Police Chowki - Vijaynagar, Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh ----Applicants
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State Of Chhattisgarh Through The Station House Officer, Police Station Ramanujganj Police Chowki - Vijaynagar, District Balrampur Ramanujganj Chhattisgarh ---- Respondent MCRC No. 8174 of 2020
1. Nagwanti Devi W/o- Shri Ramdulare Prajapati, Aged About 48 Years R/o Vijaynagar, Police Chowki- Vijaynagar, Police Station-Ramanujganj, District Balrampur -Ramanujganj (Chhattisgarh)
2. Malti Devi W/o Shri Rajeshwar Prajapati Aged About 46 Years R/o Vijaynagar, Police Chowki- Vijaynagar, Police Station-Ramanujganj, District Balrampur -Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh ----Applicants
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State Of Chhattisgarh Through The Station House Officer, Police Station - Ramanujganj, Police Chowki- Vijaynagar, District Balrampur- Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh ---- Respondent
-2For Applicants :
Shri Hariom Rai, Advocate For Respondent/State :
Shri Shubham Verma, Panel Lawyer S.B.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/02/2021 Heard.
1. The applicants have been arrested in connection with Crime No.170/2020 registered at Police Station- Ramanujganj, District Balrampur Ramanujganj (CG) for the alleged commission of offence under Section 294, 506-B, 323, 307, 147, 148, 149 of IPC.
2. All these bail applications are being disposed off by this common order as they arise out of the same crime number.
3. Prosecution case is that the applicants armed with club came together and assaulted on three persons with intention to cause death.
4. Learned counsel for the applicants would submit that the applicants have been falsely implicated. The applicants have already got counter case lodged against the complainant in the present case and the applicants have also sustained injuries. It is next submitted that injuries found on all the complainants/victims are only simple in nature and there is no fracture injury. There is neither any firearm nor any sharp edged weapon alleged to be used. He further submits that investigation is complete, charge-sheet has been filed, therefore, at this stage, the applicants may be granted bail.
5. On the other hand, learned counsel for the State opposes the prayer and submits that the statement of the injured witnesses show that the applicants have come out with club in their hands and assaulted all the complainants/victims with intention to cause death, due to which, number of injuries were caused on different parts of the body including vital part and merely, because there is no grievous injury, the applicants may not claim for grant of bail when the accusation is of commission of offence under Section 307 of IPC.
-36. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the background of the incident, the applicants have also lodged a counter case and further taking into consideration that even according to medical report, none of the injuries are grievous and stated to be simple in nature, investigation is complete, chargesheet has been filed, the application is allowed.
7. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:
(i) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicants shall 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/- (Manindra Mohan Shrivastava) Judge Rekha