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2014 DIGILAW 71 (CHH)

Omprakash v. State of C. G.

2014-02-17

GOUTAM BHADURI

body2014
ORDER Goutam Bhaduri, J. 1. The applicants have preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as they are arrested in connection with Crime No. 288/2013 registered at Police Station-Bhatapara (Gramin), District Bhatapara (C.G.) for offence punishable under Sections 302, 147, 148, 149 & 450 of the I.P.C. As per the prosecution story, on 04.11.2013, a quarrel took place between Champeshwar and Golu with the applicants and other co-accused persons namely Pardesi, Suresh, Ganesh & Arjun. The quarrel broke out on account of setting fire to the crackers. In the initial quarrel, Champeshwar and Golu ran away from the scene and the applicants along with the other co-accused persons chased them. On reaching the house, they met with Manganlal who was 85 years aged and was the Grandfather of the Champeshwar, the applicants enquired about the whereabouts of the Champeshwar and Golu and Manganlal told them that he is not aware about the same and asked them not to quarrel, on such say, Arjun caught of Mangilal and throttled him and was assaulted by other applicants. 2. Learned counsel for the applicants submits that these two accused have not played any role in committing the said crime and they were only along with Arjun, and the main act has been committed by Arjun and the post-mortem report also does not say about other injury except on neck, therefore, no role has been played by the applicants. 3. Per contra, learned State counsel opposes the same and submits that there are two eyewitnesses namely Sampatti Bai and Hemlata, who also submitted that the applicants are party in the said offence. Charge-sheet in this case has been filed. 4. Considering the fact that the eye witnesses have attributed entire commission of crime to the applicants, which is not corroborated by the postmortem report, since Manganlal died out of throttling, I am inclined to release the applicants on bail. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear the trial Court on each and every date given by the said Court.