DINESH KUMAR AGRAWAL Vs. STATE OF C G

JUDGEMENT

(1.) HEARD on application under Section 439 of Code of Criminal Procedure, which pertains to Crime No. 129/2005 of P.S. Darima (Sarguja) for the offences punishable under Sections 307, 452, 435, 354, 294, 323 read with Section - 34 of IPC and under Section 25 & 27 of the Arms Act.

(2.) THE prosecution story in brief is that one Somar Das was under the employment of Vinay Kumar Singh @ Raja who is a contractor. Since Somar Das did not report on duty. On the intervening night of 26th & 27th December, 2005 at about 1.30 A.M. Vinay Kumar Singh @ Raja accompanied by Manoj and the Applicant went to Village-Belkharikha and threatened Somar Das to Report on duty. As per the statement of Somar Das, the present Applicant Dinesh Kumar Agrawal Manoj and one another surrounded Somar Das while Vinay Kumar Singh @ Raja assaulted Somar Das with kicks and fists. It was also alleged that on being exhorted by Manoj. Vinay Kumar Singh @ Raja pointed a pistol on the temple of Somar Das and fired two shots in the air. When Somar das went inside his hut on the pretext of bringing his clothes, he heard Vinay Kumar Singh @ Raja saying that they would assault him on way. Frightened Somar Das tried to escape. On being exhorted by Manoj, Vinay Kumar Singh @ Raja fired another shot at Somar Das but missed. Dhana Bai and Kusumi Bai were brought out of the house by pulling their hair. THE huge hay stack lying nearby was also set on fire.

(3.) ON the other hand, Shri Ashish Shukla, learned Govt. Advocate has opposed the bail application while contending that the statement of Somar Das recorded under Section 161 of Code of Criminal Procedure clearly showed that the Applicant shared common intention with Vinay Kumar Singh @ Raja in commission of the aforesaid offence. It was also pointed out that the Applicant had surrounded Somar Das while he was beaten by Vinay Kumar Singh @ Raja by kicks & fists. It was also argued that Somar Das and ladies in the house were terrorised. Dhana Bai & Kusumi Bai were brought out of the house by pulling their hair. The huge hay stack kept in the vicinity was set on fire. It was also contended that an attempt was made to terrorize and frighten the main witness Somar Das i.e. the complainant even before the main accused was arrested and if the Applicant who was an associate of Vinay Kumar Singh @ Raja, was released on bail, the possibility that the witnesses will be dissuaded from giving evidence could not be ruled out.