(1.) HEARD . These are the three bail applications filed under Section 439 of the Cr.P.C, for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 152/2005, registered at Police Station Bhatapara, District, Raipur, for commission of offence punishable under Sections 147, 148, 294, 506 Part II, 323, 307/149 and 302/149 of the IPC. The case of the prosecution is that on 30-09-2005, at about 2.30 p.m. a meeting of Gram Sabha was going on in the school premises of village Borsi, Block Bhatapara. The applicant Anil Diwakar who is a Sarpanch of Gram Panchayat, Borsi was presiding over the meeting. The quarrel took place on the finalization of name of Chowa Ram Satnami as the Secretary of Gram Panchayat. It is alleged that the name was proposed by the Gram Panchayat and the applicants were supporting him whereas the persons from the audience were opposing the appointment of Chowa Ram Satnami. The allegations are that on account of this controversy, a free fight took place there and six presons were injured by namely Sakha Ram, Dev Narayan, Devendra, Surendra, Manglu S/o, Khorbahara Satnami and Manglu S/o. Naindas. Sakha Ram died in the Medical College, Hospital, Raipur at 8.00 p.m. on the same day. Learned counsel for the applicants submits that it is the case of prosecution itself that there was a free fight in which five persons received injuries and one person lost his life. He also submits that the accused persons have also received grievous injuries and one person namely Ashok Kumar from the side of accused party has also lost his life for which a counter case vide Crime No. 153/2005 is registered in Police Station, Bhatapara. He further submits that in the present cases, the injuries sustained by the accused have not been explained by the prosecution and in fact the genesis of the crime has been suppressed. He prays for releasing the applicants on bail
(2.) ON the other hand, learned counsel for the State opposes the bail applications. However, after perusal of the case diary of the present cases as well as Crime No. 153/2005 also learned counsel for the State is not in a position to submit as to which of the party was aggressor as the evidence of a free fight is only available in both the cases. Considering the facts and circumstances of the cases particularly considering the nature of the allegations raised against the applicants and also considering that one person from the applicants side has also died and further considering that many of the accused persons have sustained injuries and there is also a counter case vide Crime No. 153/2005, I am of the opinion that present are fit cases in which the applicants should be enlarged on bail. Let the applicants namely Anil Diwakar, Kali Ram, Dilip Diwakar, Tirith Ram, Jugadhir and Manoj be released on bail on each of them furnishing a personal bond in sum of Rs. 10,000/- (Rupees Ten thousand) with one surety each in like amount to the satisfaction of the trial Court for their appearance before the said Court on each date of hearing till the disposal of the trial. In the result, M.Cr.C. Nos. 3021/2005, 3043/2005 and 409/2006 stand allowed. Application Allowed.