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Harihar and Others vs State of C.G.

Chhattisgarh High Court · Decided on 18 February 2005 · Citation: (2005) 1 CGLJ 138

HON’BLE JUDGES
Vijay Kumar Shrivastava, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 161, 439 · Penal Code, 1860 (IPC) — Section 147, 148, 149, 294, 302
RESULT
Allowed
CASE NUMBER
M.Cr.C. No. 183 of 2005
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Judgment

10 paragraphs · 372 words

V.K. Shrivastava, J.—Heard.

2.

The applicants have preferred this application u/s 439 of the Code of Criminal Procedure for grant of bail. They are accused in Crime No. 195/2004 registered at Police Station Bhatapara (Gramin), Distt. - Raipur (C.G.) for commission of offence punishable under Sections 302, 506B, 323, 324, 294, 325, 147, 148, 149 of the IPC.

3.

It is alleged that on 17-11-2004 on account of property dispute present applicants accompanied with other accused persons came and accaulted a number of persons. As a result there of Bhagwat received several injuries and succumbed to death, Chitrautin Bai, Kalhal Bai, Mantri, Ramesh, Laxmi, Surit and others received injuries.

4.

Contention of the applicants is that Chitrautin Bai, who has lodged the report was present on the spot, but in the FIR, she did not name the applicants Harihar and Dasarath. Thereafter also, when the statements of various witnesses have been recorded u/s 161 of the Code of Criminal Procedure by the Police, only omnibus statement has been recorded by the Police. Whoes role the present applicants played in committing the above offence has not been specifically mentioned by the witnesses, all these contentions have not been opposed by the Panel Lawyer for the State.

5.

Taking into consideration all the facts of the case, the petition filed by the applicants u/s 439 of the Code of Criminal Procedure is allowed, and it is directed that, on furnishing a personal bond of Rs. 30,000/- (Rupees Thirty Thousand) with two solvent sureties of the like sum by each of the applicants to the satisfaction of the concerned Court for their appearance before the concerned Courts as and when directed, abiding with the following conditions they be released on bail:

(1) They shall not commit any offence similar to the offence of which they are accused.

(2) They shall not directly or indirectly make any inducement or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court.

(3) They shall not leave the State of Chhattisgarh without previous permission of the Court.

6.

In the light of above order I.A. No. 204/2005 for urgent hearing stands disposed of.

7.

Bail Granted.