Chattisgarh High Court
Toran Lal Banjare vs State Of Chhattisgarh on 14 July, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4414 of 2022
1. Toran Lal Banjare S/o Kamalnarayan Aged About 28 Years R/o
Village Sarkhor, Chowki Lawan, Police Station Kasdol, District
Baloda Bazar Bhatapara Chhattisgarh.
2. Chitrasingh Banjare S/o Kamalnarayan Aged About 22 Years
Through Sho Bhatapara (Gramin), District Baloda Bazar
Bhatapara Chhattisgarh.
3. Omprakash Banjare S/o Kamalnarayan Aged About 20 Years
Through Sho Bhatapara (Gramin), District Baloda Bazar
Bhatapara Chhattisgarh.
----Applicants
Versus
State Of Chhattisgarh Through Sho Bhatapara (Gramin),
District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondent
with MCRC No. 4604 of 2022
1. Akash Tandon S/o Ramlal Tandon, Aged About 18 Years R/o Village Khairtal, P.S. Bhatapara (Gramin), District :
Balodabazar-Bhathapara, Chhattisgarh
2. Arvind Dhritlahare, S/o Rameshwar Dhritlahare, Aged About 18 Years R/o Village Chuiha (Malgujar) (Wrongly Mention As Mamalgujar, In The Order Sheet), P.S. City Kotwali, District :
Balodabazar-Bhathapara, Chhattisgarh
----Applicants Versus State Of Chhattisgarh Through S.H.O. Bhatapara (Gramin), District : Balodabazar-Bhathapara, Chhattisgarh.
---- Respondent For Applicants : Mr. Hemant Gupta, Adv.
For State : Mr. Raghvendra Verma, G.A. and Mr. Roshan Dubey, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 14.07.2022
1. Since both the bail applications arise out of the same crime No. i.e. 124/2022, both are heard and disposed of together.2
2. The accused/applicants have moved this first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 124/2022 registered at Police Station - Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 302, 294, 323, 506, 147, 148, 149 of IPC.
3. As per the case of prosecution, 4 persons namely Yashvant Verma, Sanju Verma, Bhim Vrrma and Bijendra Verma, after consuming liquor, went to a Dhaba namely Soya-Chins for having dinner and further consuming liquor, but the consuming liquor was disallowed by the applicant Toran Lal Banjare. On this, some altercation arose between them. Thereafter, applicant Toran Singh Banjare called co-accused persons and started assaulting all four persons, due to which, they sustained injuries. Yashwant Verma sustained grievous injuries due to which, during treatment, he died. Based on that offence has been registered against the applicants.
4. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the case. He further submits that the injuries which were sustained by the victim except deceased Yashwant Verma are simple in nature. As far as death of the deceased Yashwant Verma is concerned, the cause of death is reported to be due to colostomy surgery as he was suffering from peritonitis and the deceased was also HIV positive patient. As the applicants are in jail since 12.03.2022 and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the applicants may be granted bail.
5. On the other hand, learned State counsel oppose the bail application and submit that a wooden plank has been seized from the applicant Chitrasingh.
6. I have heard learned counsel for the parties and perused the case-diary.
7. Taking into consideration the facts and circumstances of the 3 case, detention period of the applicants and the medical report of the deceased Yashwant Verma, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail application is allowed.
8. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. Applicants are directed to appear before the said Court on each and every date given to them by the said Court.
Sd/-
(Rajani Dubey) Judge V/-