Ishwar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7885 of 2021

1. Ishwar Yadav, aged about 43 years, S/o Shanker Yadav,

2. Dhananjay Kumar Yadav, S/o Ishwar Yadav, aged about 21 years,

3. Sanjay Kumar, S/o Ishwar Yadav, aged about 19 years, All R/o Village Pandhi, P.S. Seepat, Sub Tahsil Seepat, District Bilaspur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Seepat, District Bilaspur (CG) ---- Non-Applicant For Applicant : Shri B.L. Dembra, Advocate.

For Non-Applicant : Shri Vaibhav Kartikey Agrawal, PL.

For Objector : Shri Raj Bahadur Singh, Advocate.

Hon'ble Shri Deepak Kumar Tiwari, J Order On Board /10/2021 :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.107/2021 registered in Police Station Seepat, District Bilaspur for offence under Section 293, 323, 307, 506, 34 of the IPC.

2. Case of the prosecution, in brief, is that on 13 March, 2021 at 10.30 am, the accused persons went to the shop of injured Parmeshwar Yadav and abused and beat him by using axe, rod. In the said incident, Parmeshwar Yadav and his daughter Purnima suffered injuries. Initially the offence under Section 323 of the IPC was registered and after receiving the MLC report of Parmeshwar Yadav, Section 307 of the IPC

was added.

3. Learned counsel for the applicants submits that the complainant and the applicants are having land dispute and the applicants have also lodged the FIR prior to this crime. They are in jail since 2nd September, 2021, therefore, they may be released on bail.

4. On the other hand, learned State Counsel and learned counsel for the Objector oppose the bail application.

5. Considering the facts and circumstances of the case, particularly considering the injury report of Parmeshwar Yadav, as he suffered only lacerated wound on head, but later on fracture was found caused by hard and blunt object, as reported in the MLC and injured Punima has received contusion and Chandrakumari has not received any injury, and the fact that both the parties are resident of the same village and already having prior land dispute and further considering all the relevant aspects of the matter, this Court finds fit to grant bail to the applicants.

6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.10,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Deepak Kumar Tiwari) Judge Barve