KESHAV KUMAR CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants have preferred this First Bail Application under Sec. 439 of Cr.P.C. for grant of regular bail, as they have been arrested in connection with Crime No.63/2023, registered at Police Station Kosir, Tahsil 'Sarangarh, District- Sarangarh-Bilaigarh, C.G. for the offence punishable under Ss. 302, 449, 294, 506, 323, 34 of the Indian Penal Code (for short, the IPC).

(2.) The prosecution story in brief, is that, the applicants and the deceased and their family reside as neighbor in Gautiyapara of village Kosir and the incident between the two families took place on 28/5/2023 at about 06:00 am, when the applicant No. 1 was irrigating water for Tarai in his newly constructed wall, there was a dispute arose between the two families over a small reason along with the complainant of the case, his niece Rama, Seema, Nephew Vikas and sister-in-law Usha Bai being members of an illegal gang, beat up the deceased and Bhupendra Chandra. On the basis of said incident the FIR has been registered under the said offences.

(3.) It has been argued by the learned counsel for the applicants that there was an altercation between the applicants' family and family of the complainant on a petty issue when the applicant No.1 was sprinkling water on boundary wall of his house which was adjacent to the house of the complainant. It is further submitted that the quarrel took place between Bhupendra Chandra, who is the son of the applicant No. 1 and the deceased. Bhupendra Chandra pressed the neck of the deceased upon which the deceased suffered injuries and two days after the incident, he died. It is further submitted that the applicant No.1 has lodged a report under Sec. 147, 294, 323/34 of the IPC against the deceased namely Triyuginarayan Chandra and his nephew, niece and sister-in-law. It is further submitted that the applicant No. 1 is father of applicant No.2 and co-accused Bhuprendra Chandra. The applicants have not caused any injuries to the deceased but the same was caused by co-accused Bhupendra Chandra. It is further submitted that the applicants are in jail since 30/5/2023 and trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail.