(1.) Above mentioned two bail applications filed under Section 439 of the Code of Criminal Procedure arise out of a common Crime No.240/2015 (wrongly mentioned in order sheet as 420/12) registered at Police Station Kotwali, Distt. Rajnandgaon, for the offence punishable under Section 307/34 of the Indian Penal Code , therefore, they are being heard analogously and decided by this Common Order.
(2.) Case of the prosecution, in brief, is that, applicants are alleged to have assaulted injured/complainant Shankar Nayak, by which, he suffered grevious injureis, which were sufficient to cause his death and thereby committed the aforesaid offence.
(3.) Learned counsel for the applicants submits that the applicants have not committed any offence and on account of previous enmity between complainant & applicants, they have falsely been implicated in the offence in question; injuries sufferred by the complainant are simple in nature; applicants are in jail 31.03.2015; and the charge sheet has already been filed and, therefore, they may be released on bail.