PHANESWAR @ CHOTTE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD both the counsel. This is an application under Section 439 Cr.P.C. filed by the applicant for grant of bail. They are two of the accused in Crime No. 94 of 2002 registered in Janjgir Police Station for the offences punishable under' Sections 323, 307, 302 and 506 -B read with Section 34 of IPC.

(2.) NAME of the deceased is Ramlal who was a labourer. The date of the incident is 9 -3 -2002 at about 4.00 P.M. near Dhurkot village. Name of the complainant is Manharan.

(3.) LEARNED Counsel for the applicants submitted that the name of applicant No.1 Phaneswar is not found in the FIR, which is not disputed by the learned counsel for the respondent/ State. Counsel submitted that in the requisition sent to the doctor it is stated that applicant No.2 Chandrapal assaulted complainant Manharan and he has not assaulted deceased Ramlal. He further submitted that the applicants are the students; applicant No.1 is studying in Class -VI in Government Middle School Mahant Range Nawagarh district Janjgir and he has produced the certificate issued by the Head Master of the School dated 29 -8 -2002 and applicant No.2 is studying in Class VII in Govt. High School Dhurkot district .Janjgir and he has also produced the certificate issued by the Principal dated 30 -8 -2002.