Amar Prasad and Others vs State of Chhattisgarh

K.H.N. Kuranga, C.J.

Heard both the counsel.

This petition u/s 439 of Cr.P.C. has been filed by applicants Amar Prasad, Arjun Prasad, Teekara Prasad and Hemlal for grant of bail. They are some of the accused in Crime No.76/2002, registered Police Station : Dabhra, for the offences punishable under Sections 147, 148, 149 and 302 of I.P.C.

Is is submitted that the incident took place on 22.06.2002 at about 11.00 P.M. in village Kudri in front of the house of the applicants. In respect of this incident, Amar Prasad - applicant No. 1 herein, filed a complaint before Dabhra Police and Crime No. 75/2002 was registered against deceased Ganga Prasad and others and on the complaint filed by Ramkumar Crime No. 76/2002 was registered against Brij Mohan and the applicants for the offences punishable under Sections 147, 148, 149 and 302 of I.P.C. It is further submitted that there are five accused persons in Crime No. 76/2002 namely Brij Mohan and the applicants and in Crime No. 75/2002 there are five accused persons namely Ramkumar-Complainant/injured, Mehatarram, Resham, Bharatram-injured and deceased Ganga Prasad. It is submitted that name of one more injured is Sawatram.

Learned counsel for the applicants submitted that applicant No. 1 -Amar Prasad, applicant No. 2 Anuj Prasad and Brij Mohan are injured and applicant No. 1 Amar Prasad has received serious head injury and fractures of his hands. Learned counsel further submitted that the accused persons in Crime No. 75/ 2002 have been released on bail by Judicial Magistrate First Class, Sakti, by his order dated 14.09.2002. He has relied upon a Judgment of M.P. High Court in the case of Bhanwar Lai Vs. State of M.P., reported in 1998 (II) MPWN 191 in which the Court has held that "the case was registered for the offence under Sections 302/34, 323, 324, 294 and 506B of I.P.C., the accused have also received injuries and there is a case and cross-case, the applicants are entitled for bail." In the said judgment, judgment of Supreme Court in the case of Rukma (Smt.) and others Vs. Jala and others, reported in 1997 (II) SCC 579 has been referred to and in the said case it is held that ''merely because the accused persons received less injuries and the complainant party received more serious injuries resulting in death of three persons, it could not be said that the accused were the aggressors.

In this case, it is not disputed that on the complaint filed by applicant No. 1 Amar Prasad, a case in Crime No. 75/2002 has been registered against the deceased and others in respect of the same incident and on the complaint filed by Ramkumar a case in Crime No. 76/2002 has been registered against Brij Mohan and the applicants. It is also not in dispute that the accused persons namely Ramkumar, Resham, Mehatarram and Bharatram have been released on bail. There are three injured persons in Crime No. 75/2002 and in Crime No. 76/2002 also there are three injured persons.

Having regard to the facts and circumstances of the case, I am of the opinion that it is a fit case to admit the applicants to bail. Accordingly, the petition is allowed and applicants-Amar Prasad, Anuj Prasad, Teekam Prasad and Hemlal are directed to be released on bail on each of them executing a bond in the sum of Rs.5000/- with two sureties for the like sum to the satisfaction of the concerned Court, or their appearance before the said Court or as and where so directed.

Parties are entitled for certified copy of this order.