RAMESH KUMAR CHOUHAN Vs. STATE OF CG

JUDGEMENT

(1.) HEARD . This is an application filed under section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 206/2005, registered at P.S. Dabhra, Distt. Janjgir Champa for commission of the offence punishable under Sections 147,148, 302 read with section 149 of the I.P.C. and section 3 (2) (v) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case of the prosecution is that on 24.11.2005, the deceased namely Pintu @Navin Chauhan entered into the house of Murlidhar and molested his sister, a young girl aged about 15 years, for which an offence under certain sections of I.P.C. was registered in the Police Station on 26.11.2005. On account of this act done on 24.11.2005, a Panchayat was called in the village and the proceedings of the Panchayat were going on in front of the house of Hari Shankar Patel. It - comes in the statements of various eye-witnesses that many persons had gathered to attend the Panchayat. In the Panchayat proceedings, the deceased Pintu @ Navin Chauhan was not present. He was called by Panchas and he came over there on their call.

(2.) THE further allegations are that after asking certain questions from Pintu @ Navin Chauhan by the Panchas, 3 accused persons namely Murlidhar, Hulas Patel and Santosh started beating the deceased. Murlidhar and Hulas had beaten the deceased with the help of lathi. The deceased received many injuries. After the said incident, the proceedings of the Panchayat collapsed and ultimately the deceased was taken to his house and on the next day, he was taken to the hospital where he was declared dead. Learned counsel for the applicant submits that there are 10 accused persons in this case, out of which, many accused persons including Pyare Lal, Puni Ram, Hari Shankar Patel and Vijay Ram have been enlarged on bail by a common order dated 5.4.2006 passed in H.Cr.C.No.817/2006 (Annexure A-4). He prays for releasing this applicant on the ground of parity. On the other hand, learned State Counsel opposes the bail application. However, he could not point out any differentiating feature in the case of the present applicant and the accused persons who have been enlarged on bail. Considering the facts and circumstances of this case, particularly considering the circumstance that similarly placed co-accused persons have been enlarged on bail. I am of the opinion that present is a fit case to enlarge this applicant also on bai1. His application filed u/s 439 Cr.P.C. is allowed. It is directed that the applicant Ramesh Kumar Chauhan shall be released on bail on his furnishing a personal bond in sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court on each date of hearing till disposal of the trial. Bail Granted.