Suryakant Sahish vs State Of Chhattisgarh

As these first bail applications under Section 439 of Code of Criminal Procedure have been filed by the accused/applicants who are languishing in

jail since 14.07.2021 in connection with Crime No.275/2021 registered at Police Station Seorinarayan, District Janjgir-Champa for the offence

punishable under Sections 147, 294, 323 & 302 IPC, they are being disposed of by this common order.

The prosecution case in nutshell is that on the date of incident i.e. 11.07.2021 on being an invitation of a marriage ceremony which was solemnized

in the house of one Vijay Sahas, complainant and his brother Harish Das (deceased) were reached to the venue to attend the ceremony. On that

ceremony a DJ system was also set there, in which all the accused were dancing. As deceased Harish Das was stood nearby the DJ, he was also

forced to dance on the DJ floor by the present accused persons and co-accused, but when he denied to dance with them, all the accused persons

started beating the Harish Das by hands and fists and also by buckle of belt due to which he sustained grievous injuries on his head and during the

period of treatment in hospital he died.

Learned counsel for the applicants submits that the applicants have been roped in a false and fabricated case and therefore, they may be set at

liberty by granting bail. He submits that the other co-accused namely Vijay Sahis and Jagdish Sahis have already been granted bail who are alleged in

the same incident vide order dated 20.12.2021 passed in MCRC No.9665/ 2021 & MCRC No.9668/2021. He further submits that the

accused/applicants would abide by all terms and conditions imposed on them while granting bail.

Per contra, learned State counsel puts forth his vehement opposition to the prayer for bail.

Having heard counsel for the parties, taken into consideration the facts and circumstances of the case and also keeping in mind the allegations

made, particularly the statement of Dharamdas (PW-1) â€" brother of the deceased who turned hostile and not supported the case of the prosecution,

and that two other co-accused Vijay Sahis and Jagdish Sahis have been released on bail by this Court, this Court is of the opinion that it is a fit case

for grant of bail to the accused/applicants.

Accordingly, the bail applications filed by the present accused/applicants are allowed and it is directed that on applicants' furnishing a personal bond

in the sum of Rs.10,000/- with two sureties each to the satisfaction of the concerned Court below, they shall be released on bail on the following

conditions:-

(a) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

him from disclosing such fact to the Court,

(b) they shall not act in any manner which will be prejudicial to fair and expeditious trial,

(c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial,

(d) they shall not involve themselves in any offence of similar nature in future.