Sagar Kumar Sahu and Another vs State of Chhattisgarh

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

Heard both the counsel.

This pettion u/s 439 of Cr.P.C. has been filed by applicants -Sagar Kumar Sahu and Nathu Ram alias Rajendra Kumar Nirmalkar for grant of bail. They are the accused in Crime No. 346 of 2002, registered in Mohan Nagar Police Station, District Durg, for the offences punishable u/s 302 read with 34 of the IPC.

Name of the deceased is Banti Yadav. The incident took place on 28.10.2002 at about 21:30 hours according to the case of the prosecution. The further case of the prosecution is that there was dispute between the drivers of the buses namely Vaibhav Laxmi Travels and Dashmesh Travels. The deceased was interested in Dashmesh Travels'' bus and applicant No.1 - Sagar Kumar Sahu was the driver of Vaibhav Laxmi Travels'' bus bearing registration No. CG-04 ZA/0534 and applicant No. 2 - Nathu Ram was the conductor of the said bus. The case of the prosecution is that deceased Banti Yadav wanted to forcibly board the bus of Vaibhav Laxmi Travels and he boarded the bus and assaulted Balram who was helper in the bus and pushed him out and thereafter he tried to assault applicant No. 1 Sagar Kumar Sahu and applicant No. 2 Nathu Ram. Thereafter, applicant No. 1 Sagar Kumar Sahu asked applicant No. 2 Nathu Ram to assault deceased Band Yadav. It is further the case of the prosecution that Nathu Ram assaulted the deceased with a hockey stick and pushed him out. Toman Yadav, Neelkant and Lokesh were proceeding in the same direction namely from Church side towards Malviya Nagar in which direction the bus was proceeding and they saw deceased Banti Yadav falling down from the bus. Toman Yadav enquired the name of the deceased and the deceased told him that he was Banti Yadav. The deceased was taken to the District Hospital, Durg and thereafter he was taken to Sector-9, Bhilai Steel Plant Hospital where he died.

Learned counsel for the applicants submitted that there is no eyewitness to the incident. Only statement recorded by the Police is of Balram who was helper in the bus and according to him the applicants confessed before him that both of diem assaulted the deceased with hockey sticks and pushed him out of the bus.

According to Blaram, the deceased forcibly entered the bus, assaulted him and pushed him out of the bus; but he has not filed any complaint before the Police immediately. His statement was recorded only on 9.11.2002 and there is no explanation for the delay in recording his statement by the Police. Admittedly, there is no eyewitness to the incident.

Learned counsel for the applicants submitted that admittedly the deceased was pushed out of the bus after he was assaulted and possibility of the deceased falling on the ground and sustaining head injury cannot be ruled out. According to the post mortem report, the deceased died due to head injury. The deceased had also sustained some fractures of ribs. Learned counsel submitted that the applicants are in jail since 7.11.2002.

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 - Sagar Kumar Sahu and Nathu Ram alias Rajendra Kumar Nirmalkar are directed to be released on bail on each of them executing a bond in the sum of Rs. 5,000/- with two sureties of the like sum to the satisfaction of the concerned Court, for their appearance before the said Court/trial Court or as and where so directed.

Parties are entitled for certified copy of this order.