KESHARI Vs. STATE OF C.G.

JUDGEMENT

(1.) The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of bail as they are arrested in connection with Crime No. 23/2011 registered in Police Station - Kasdol, District - Raipur (C.G.) for offence punishable under Sections 147, 149, 294, 506-B, 302, 307, 323 of I.P.C. According to the prosecution case, at the time of Panthi dance in the village on 10/01/2011, a dispute arose between the two communities/groups in the village and thereafter in a free fight, the applicants along with co-accused Budharu assaulted the members of opposite parties causing injuries to Ishwar, Bhisham Verma and Heshwar Verma. Injured Ishwar subsequently died in the hospital on 18/01/2011.

(2.) Undisputedly, a counter case has been registered on the FIR of Keshari Dahriya belonging to the present applicants party. In Annexure-A/2, it is mentioned that Crime No. 22/2011 has been registered on the FIR lodged by Keshari Dahriya for offence under Sections 147, 148, 452, 294, 506-B, 323 and 427 of the IPC and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Learned counsel for the applicants, relying on the judgments in the matters of Billu Vs. State of M.P.,1995 1 MPWN 87 Bhanwar Lal Vs. State of M.P.,1998 2 MPWN 281, Wali Khan Vs. State of M.P.,1996 2 MPWN 21, Bachhu Vs. State of M.P.,1988 2 MPWN 302 and Bashishth Singh and another Vs. State of Bihar, 2002 AIR(SCW) 3, would argue that since in the counter case, the members of the other party have been released on bail, the applicant also deserves to be released on bail. He would further submit that the applicants are in jail since 13/01/2011.