High Court Of ChhattisgarhMCRC/5379/2017allowed

Balwant Singh And ANR. v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5379 of 2017

1. Balwant Singh son of Tribhuvan Singh, aged about 60 years.

2. Prakash Singh son of Balwant Singh, aged about 36 years, Both R/o. Village Nagpura, Chowki Sargaon, P.S. Pathariya, District Mungeli C.G.

---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Chowki Sargaon, Police Station Pathariya, District Mungeli Chhattisgarh.

---- Respondent For Applicants Shri N.K. Chatterjee, Advocate.

For Respondents Shri A. Pandey, P.L.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 27/11/2017

1. The applicants have preferred this bail application under Section 439 Cr.P.C, as they have been arrested in connection with Crime No. 272/2017, registered at Police Chowki Sargaon, P.S. Pathariya, District Mungeli C.G. for the offfence punishable under Sections 294, 506-B, 307/34 IPC.

2. At about 9:15 PM on 26.05.2017 Pratap Singh Thakur,

Balwant, Prakash Singh and Pankaj Singh were creating nuisance on the road near injured's Shubham house, therefore, the injured came out of his house to pacify the above accused persons on which Pratap Singh brought out a knife and inflicted blows on the person of the injured. When injured's father rushed to intervene he was beaten by present applicants Balwant, Prakash Singh and the fourth accused Pankaj Singh. It appears that the allegation of committing attempt to murder of Subham Tiwari is mainly attributed to Pratap Singh. The present applicants have given beating to the injured's father not to the injured.

3. Considering the facts and circumstances of the case, particularly considering the material available in the case diary and looking to the fact that the applicants are in detention since 26-5-2017, this Court is inclined to release the applicants on bail. 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. 25,000/- with one surety each 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/- Judge Prashant Kumar Mishra Akhilesh