CHHOTU NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicants are in custody since 27/2/2023 in connection with Crime No.79/2023 registered at Police Station - Kotwali, Ambikapur, District - Surguja, C.G., for the offence punishable under Ss. 341, 147, 148, 149, 506, 325 and 307 of IPC, have filed these above applications for grant of bail.

(2.) Case of the prosecution, in brief, is that, on 26/1/2023 at about 7.00 p.m. in the evening, the injured persons Mohit Ram and Sukhmaniya were returning from the Village - Manikprakashpur, after attending Dashkarma Programme. The present applicant intervened on their way along with the other co-accused persons, started assaulting Mohit and Sukhmaniya by using club and rods and also threatened to kill them. The injured persons were rescued by Dashrath, Urmila, Surjan and others. Thereafter, the applicants were apprehended, their memorandum statements were recorded and from possession of Jawahar, Chintamani and Sagar club was recovered and no recovery was made from Chhotu Nishad and Laxmi. Based on such allegations, the aforesaid offences have been registered against the present applicants.

(3.) Learned counsel for the applicants submits that the accused/applicants are innocent and have been falsely implicated in the case. He further submits that initially the FIR has been registered under Sec. 341,147, 148, 149, 506 and 323 of the IPC has been registered but no offence under Sec. 307 IPC were attracted. He further submits that the injured persons were not hospitalized for a single day and no definite opinion were given in the medial report as the injury sustained over the body of the injured persons were sufficient to cause death in the ordinary course of nature. He further argued that the entire family has been falsely roped in this case and the applicants are in jail since 27/2/2023, the trial will likely to take considerable period, therefore, if they may be set at liberty by granting bail, he would abide by all terms and conditions imposed on them while granting bail.