Dipak Kumar 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 the applicants for grant of bail. They are some of the accused in Crime No. 277 of 2002 registered in Pulgaon Police Station for the offences punsihable under Sections 394, 395 & 397 of I.P.C. and Sections 25 & 27 of the Arms Act.

The case of the prosecution is that on 15.6.2002 at about 9:00 P.M. when complainant Narayan Prasad Sahu and Kamal Prasad Sahu were proceeding to their house situated in Kuthela Bhata from Kohaka on a motorcycle six persons attacked them with Hockey sticks and bamboo stick and took away wrist watches and some cash. The applicants were arrested on 15.6.2002. On the information of applicant No. 1 Dipak Rs. 500 and one bamboo stick were recovered, on the information applicant No.2 Sukhram one wrist watch, Rs. 600/- and one club were recovered and on the information of applicant No.3 Rajulal one hockey stick was recovered. It is submitted that or the information of another accused Anit one club and Rs. 400/- were recovered from the other accused Mujbuddin a Hockey stick and a wrist watch were recovered and on the information of Babloo alias Asharaf Ali one Gupti was recovered. The Police after investigation have filed the charge-sheet. It is submitted that the identification parade was also conducted on 24.7.2002 after 39 days of the incident.

Learned counsel for the applicant submitted that complainant Narayan Prasad Sahu in the complaint filed by him has stated that four unknown persons attacked him and another with hockey/sticks and they were aged between 20-22 years and they had covered their faces with cloth which is not disputed by the leaned counsel for the State. Counsel submits that the applicants are in custody since 15.6.2002.

Having regard to these facts, I am of the opinion that it is a fit case to admit the applicants to bail with certain conditions. The application is accordingly allowed. The applicant is directed to be released on bail on his executing a bond in sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the concerned Magistrate for his appearance before the said Court/trial Court or as and where so directed. The applicants are directed not to tamper with the prosecution evidence. They should give attendance to Pulgaon Police Station once in fifteen days on Sunday between 9 to 12 noon till the case is disposed of.

In view of this order, M.(Cri)P. No. 4077 of 2002 stands disposed of.

Parties are entitled for certified copy of this order.