VIMLA BAI Vs. STATE OF CG

JUDGEMENT

(1.) HEARD . This is an application filed under Section 438 of the Cr.P.C. for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with crime No. 161/2006, registered at Police Station-Civil Line, Bilaspur (C.G.) for the offence punishable under Sections 147, 452, & 323 of IPC. The case of the prosecution is that on 6.3.2006, these applicants along with co-accused-Prabhakar Narayan Paswan entered into the house of complainant namely- Sushil Mani Gulal and assaulted Sushil Mani Gulal, Priyanka Gulal & Prakarti Gulal.

(2.) LEARNED counsel for the applicants submits that both the parties are neighbourers. He further submits that a quarrel took place at Indu Chowk, on account of which, both the parties lodged reports in the police station. He also submits that looking to this fact, the co-accused namely- Prabhakar Narayan Paswan has been admitted to anticipatory bail by this court on 4.4.2006 in M.Cr.C. No. 948/2006. He prays for releasing the applicants on anticipatory bail. On the other hand, learned counsel for the State opposes the bail applications. Considering the facts and circumstances of the case, particularly considering the circumstance that both the parties are neighbourers and also considering that there is a counter case registered vide F.I.R. No. 160/2006 and further considering that-one of the similarly places co-accused namely Prabhakar Narayan Paswan has been admitted to anticipatory bail by this Court, I am of the opinion that present is a fit case in which the applicants should be extended the benefit of Section 438 of the Cr.P.C. Their application filed under Section 438 of the Cr.P.C. is allowed.