Chattisgarh High Court
Heera Yadav vs State Of Chhattisgarh on 14 September, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6212 of 2022
1. Avilakh Yadav S/o Bhudal Yadav Aged About 60 Years R/o Village Nilkanthpur,
Police Station Ramchandrapur, District Balrampur - Ramanujganj, Chhattisgarh
2. Ramkewal Yadav Bhudal Yadav Aged About 58 Years R/o Village Nilkanthpur,
Police Station Ramchandrapur, District Balrampur - Ramanujganj, Chandigarh
3. Naresh Yadav Ramkewal Yadav Aged About 30 Years R/o Village Nilkanthpur,
Police Station Ramchandrapur, District Balrampur - Ramanujganj Chhattisgarh
4. Mandeep Yadav Aklu Yadav Aged About 35 Years R/o Village Vijay Nagar,
Police Station Ramanujganj, District Balrampur - Ramanujganj Chhattisgarh
---- Applicants (In jail)
Versus
• State Of Chhattisgarh Through Station House Officer, Police Of Police Station
Ramchandrapur, District Balrampur - Ramanujganj, Chhattisgarh
---- Respondent
MCRC No. 7687 of 2022
• Heera Yadav S/o Late Gopal Yadav Aged About 45 Years R/o Village
Vijaynagar Chouki Vijaynagar Police Station Ramanujganj, Tehsil And Dist.
Balrampur - Ramanujganj (C.G.)
---- Applicant (In jail)
Versus
• State Of Chhattisgarh Through - Station House Officer Police Of Police Station
Ramchandrapur, District - Balrampur - Ramanujganj (C.G.)
---- Respondent
MCRC No. 7219 of 2022
• Bhagwat Yadav S/o Parmeshwar Yadav Aged About 68 Years Presently R/o
Village Vijaynagar, Outpost Vijaynagar, P.S. Ramchandrapur, District
Balrampur-Ramanujganj (C.G.)
---- Applicant (In jail)
Versus
• State Of Chhattisgarh Through Police Station Ramchandrapur, District
Balrampur-Ramanujganj (C.G.)
---- Respondent
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For Applicants : Shri Awadh Tripathi and Shri Shishir Dixit, Advocates For Respondent/State : Shri Ravi Solapurkar, GA and Ms Akshara Amit, PL
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Mcrc 6212, 7687 and 7219 of 2022 2 Hon'ble Shri Justice Parth Prateem Sahu Order on Board 14.09.2022
1. Above bail applications arise out of same crime number, therefore, they are being heard together and decided by this common order.
2. These are second bail applications under Section 439 of CrPC for grant of regular bail to applicants as they are arrested in connection with Crime No.36 of 2021 registered at Police Station-Ramchandrapur, District-Balrampur- Ramanujganj for offence punishable under Sections 147, 148, 294, 506-B, 323, 307 and 302 of IPC.
3. Case of prosecution, in brief, is that on 03.07.2021 Kalawati, w/o Kanhai Yadav after quarrel, left her matrimonial home, which was reported by her father-in-law to Ishwar Yadav and thereafter, on 04.07.2021, Ishwar Yadav along with other family members and villagers came to matrimonial village of Kalawati for convening a meeting. In the meeting when no settlement was arrived, they returned back to their village on Tata Magic vehicle. On the way to their village, upon seeing Kanhai Yadav and Chotu Korwa near Salaivanva turn, applicants stopped their vehicle, assulted Kanhai Yadav and Chotu Korwa by means of hands, fists and clubs, as a result, they suffered injuries. Chotu Korwa during course of his treatment, succumbed to the injuries suffered by him. Incident was reported by Kanhai Yadav, upon which Crime No.36 of 2021 was registered against applicants and other accused for aforementioned offences and they were arrested.
4. Shri Awadh Tripathi, learned counsel for the applicants in MCRC-6212 and 7687 of 2022 would submit that it is complainant Kanhai Yadav and Chotu Korwa (deceased), who were aggressors. They left the place of meeting Mcrc 6212, 7687 and 7219 of 2022 3 before completion of meeting conducted in their village and were waiting for applicants and others. They themselves stopped the vehicle and started quarreling. Chotu Korwa, who was in association of Naxalites, was possessed with one handmade pistol and he threatened them for life. Injured persons may have suffered injuries in a free fight. There is no specific allegation against any of applicants of making assault by means of any weapon. He also contended that in the same incident, applicant party also received injuries, regarding which report was lodged in concerned Police Station on the same day, based upon which Crime was registered against Kanhai Yadav and two others for offence under Section 307 of IPC and other offences. Crime registered on the complaint of applicant party was the prior one. As per statement of Moti Yadav, father of Kanhai Yadav, Kanhai Yadav and Chotu Korwa were arrested by Police from the spot, in place of incident and thereafter, he was also assaulted by Police due to which he received some injuries, and for that, applicants cannot be held liable. He also contended that Kanhai Yadav was examined before the trial Court and there are material contradictions and omissions in his statement. In the FIR, names of applicants in MCRC-6212 of 2022 are not mentioned but other persons have been specifically named. Applicants are in jail since 05.07.2021, hence, may be enlarged on bail.
5. Shri Shishir Dixit, learned counsel for applicant in MCRC-7219 of 2022 adopted submissions of learned counsel for applicants in MCRC-6212 and 7687 of 2022, and would submit that participation of applicant has not been specifically stated by any of witnesses.
6. Shri Ravi Solapurkar, and Ms Akshara Amit, learned State counsel opposing submissions of learned counsel for the applicants, would jointly submit that as per allegation, applicants along with others stopped the vehicle Mcrc 6212, 7687 and 7219 of 2022 4 (Tata Magic) and started assaulting Kanhai and Chotu Korwa. He also stated that in statement of Moti Yadav, it is clearly mentioned that applicants- Ramkewal Yadav and Naresh Yadav tied Chotu Korwa, and thereafter, applicant-Avilakh Yadav assaulted him. Chotu Korwa suffered serious head injuries and as per postmortem report, he died due to multiple injuries received by him. As there is allegation of participation of all applicants/accused persons, they are not entitled for bail. However, he does not dispute submission of learned counsel for the applicants that on the complaint lodged by applicant party, Crime No.35 of 2021 was registered against Kanhai Yadav and two other persons for offence under Sections 307, 341, 294, 323 and 506 Part II, 34 of IPC and Section 25 of Arms Act.
7. I have learned counsel for the parties.
8. Taking into consideration facts and circumstances of the case, manner in which incident took place; further considering allegation against Ramkewal Yadav, Naresh Yadav, and Avilakh Yadav their application in M.Cr.C. No.6212/2022 is rejected. However, considering the nature of allegation against applicant No.4- Mandeep Yadav (MCrC No.6212/2022); applicant- Bhagwat Yadav (MCrC No.7219/2022) and applicant- Heera Yadav (MCrC No.7687/2022), without commenting anything on merits of the case, I am inclined to release them on regular bail.
9. Accordingly, it is directed that applicant-Mandeep Yadav in MCrC No.6212/2022; applicant Bhagwat Yadav in M.Cr.C. No.7219/2022 & applicant Heera Yadav in M.Cr.C. No.7687/2022 shall be released on regular bail upon their furnishing a bail bond in the sum of Rs.25,000/- (Rupees twenty- five thousand) each with one surety in the like sum to the satisfaction of the Court) on the conditions that:
Mcrc 6212, 7687 and 7219 of 2022 5
a) Applicants shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) Applicants shall not, in any manner, tamper with the prosecution witnesses.
c) If the applicants are found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE padma