Chandra Sekhar Dhruv @ Chandu And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7844 of 2016

1. Chandra Sekhar Dhruv @ Chandu S/o Shri Hinchha Ram Dhruv Aged About 21 Years,

2. Mohit Dhiwar @ Billu, S/o Shri Laxman Dhiwar Aged About 20 Years, Both R/o Mowa, Bada Talab, Near Ram Mandir, Raipur, DistrictRaipur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through: Police Station- Pandri, Raipur, District- Raipur, Chhattisgarh ---- Respondent For applicants - Smt. Ranjana Jaiswal, Advocate. For Respondent/State - Shri Sangarsh Pandey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 9/12/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.216/2016 registered in Police Station Pandri, Raipur, District Raipur (CG) for offence punishable under section 307/34 of Indian Penal Code.

2.

As per the prosecution case, on 14/08/2016 when the complainant was going somewhere, at that time some stone was pelted by him and altercation started for pelting of some stone and the applicants assaulted the complainant by way of a club which was sufficient to cause his death. 3.

Learned counsel for the applicants submits that as per the prosecution case and medical report only one lacerated wound was reported and the complainant did not remain in the hospital and left of his own. She submits that the complainant remained unconscious only for half an hour and the case would not fall out under Section 307 of IPC, therefore the applicants may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Perused the report and the medical report as also statement of the complainant. Considering the nature of injury and 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 for their regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri