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High Court Of ChhattisgarhMCRC/6681/2016allowed

Mahendra Yadav And Others v. State Of Chhattisgarh

2016-10-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6681 of 2016

1. Mahendra Yadav S/o Parsan Yadav, Aged About 22 Years R/o Gopalpur, Police Station Rajpur, District Balrampur Ramanujganj, Chhattisgarh.

2. Somaru Yadav, S/o Ghogar Yadav Aged About 55 Years.

3. Babloo Yadav, S/o Somaru Yadav, Aged About 26 Years. Applicants No.2 & 3 are R/o Kotagahna, Police Station Rajpur, District Barlampur Ramanujganj, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Rajpur, District Balrampur Ramanujganj, Chhattisgarh. ---- Respondent For applicants - Shri Jitendra Shrivastava, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 26/10/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.89/2016 (as per challan) registered in Police Station Rajpur, Balrampur-Ramanujganj for offence punishable under sections 294, 506, 323, 147, 148, 452 & 307 of the Indian Penal Code.

2.

As per the prosecution case, on 17/06/2016 a dispute took place in between applicants' family and family of the complainant Sunita Devi and others over claiming property whereby applicants and others entered into dispute and the applicants have assaulted whereby injury were sustained to Ramdulare, Gaya Singh and Mithilesh which were enough to cause death.

3.

Learned counsel for the applicants submits that dispute occurred in between the parties over claiming over right of certain land and it was not

pre-meditated and the injury report would show that they are not fatal, charge sheet has been filed, therefore the applicants may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary, injury report and the query report. Taking into background of the case and also for the fact that charge sheet has been filed, this court is inclined to release the applicants on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court/remand court for their regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri