Moolchand Bhainswar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7789 of 2018

1. Moolchand Bhainswar S/o Hanuram Bhainswar Aged About 30 Years.

2. Anil Bhainswar W/o Hanuram Bhainswar Aged About 24 Years .

3. Hanu S/o Sukalram Bhainswar Aged About 30 Years. Applicants 1 to 3 are Mahara by caste, resident of Bagmohalai, P.S. Bhanpuri, District Bastar, CG.

4. Guniram S/o Domuram Aged About 30 Years

5. Ranuram S/o Domuram Aged About 30 Years

6. Devdas Baghel S/o Buti Baghel Aged About 40 Years.

7. Manuram @ Munu S/o Late Domuram Aged About 40 Years

8. Sadaram S/o Sundruram Aged About 52 Years. Applicants 4 to 8 are Mahara by caste, resident of village Belputi,, P.S. Karpawand, District Bastar, CG.

---- Applicants

Versus

• State Of Chhattisgarh through Police Station Bhanpuri District Bastar Chhattisgarh.

----Non-applicant For Applicant :

Mr. Vikash A. Shrivastava, Advocate For Respondent/State : Mr. Garry Mukhopadhyay, GA Hon'ble Smt. Justice Vimla Singh Kapoor order On Board 29/10/2018 1.

The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of bail as they are in custody since 23.06.2018 in connection with Crime No.88/2018 registered at Police Station Bhanpuri, for the offences punishable under Sections 294, 323, 506, 307, 147 & 148 IPC.

2.

As per the prosecution case, on 09.06.2018 the applicants cultivated the land of the complainant and on objection being raised by him, they abused and assaulted him with axe and iron rods.

3.

Counsel for the applicant submits that the applicants are absolutely innocent and have no connection with the crime in question. According to him, they have been roped in a false case on account of old enmity.

4.

On the other hand, State counsel opposes the bail application. 5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, the fact that the challan has been filed this Court is of the considered opinion that it is a fit case to release the applicants on bail.

7.

Accordingly, the application is allowed and the accused/applicants are directed to be released on bail on each of them furnishing a personal bond of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court for their appearance before the said Court as and when to directed.

CC as per rules.

Sd/- (Vimla Singh Kapoor) Judge PAWAN