Keshav Kumar Chandra vs State Of Chhattisgarh

The applicants have preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as they have been arrested in connection with Crime No.63/2023, registered at Police Station Kosir, Tahsil – Sarangarh, District- Sarangarh-Bilaigarh, C.G. for the offence punishable under Sections 302, 449, 294, 506, 323, 34 of the Indian Penal Code (for short, the IPC).

The prosecution story in brief, is that, the applicants and the deceased and their family reside as neighbor in Gautiyapara of village Kosir and the incident between the two families took place on 28.05.2023 at about 06:00 am, when the applicant No. 1 was irrigating water for Tarai in his newly constructed wall, there was a dispute arose between the two families over a small reason along with the complainant of the case, his niece Rama, Seema, Nephew Vikas and sister-in-law Usha Bai being members of an illegal gang, beat up the deceased and Bhupendra Chandra. On the basis of said incident the FIR has been registered under the said offences.

It has been argued by the learned counsel for the applicants that there was an altercation between the applicants’ family and family of the complainant on a petty issue when the applicant No.1 was sprinkling water on boundary wall of his house which was adjacent to the house of the complainant. It is further submitted that the quarrel took place between Bhupendra Chandra, who is the son of the applicant No. 1 and the deceased. Bhupendra Chandra pressed the neck of the deceased upon which the deceased suffered injuries and two days after the incident, he died. It is further submitted that the applicant No.1 has lodged a report under Section 147, 294, 323/34 of the IPC against the deceased namely Triyuginarayan Chandra and his nephew, niece and sister-in-law. It is further submitted that the applicant No. 1 is father of applicant No.2 and co-accused Bhuprendra Chandra. The applicants have not caused any injuries to the deceased but the same was caused by co-accused Bhupendra Chandra. It is further submitted that the applicants are in jail since 30.05.2023 and trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail.

On the other hand, learned counsel for the State opposes the bail application.

Considering the fact that no injuries were caused by the present applicants and the same was caused by co-accused Bhupendra Chandra, the trial is in progress and the applicants are in jail since 30.05.2023, I am of the opinion that the applicants are entitled to be released on bail in this case.

Let applicants, Keshav Kumar Chandra and Vinay Kumar Chandra, involved in Crime No.63/2023, registered at Police Station Kosir, District- Sarangarh, C.G. for the offence punishable under Sections 302, 449, 294, 506, 323, 34 of the IPC, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.

Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.