KULBUL 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 applicants, who have been arrested in connection with Crime No. 141/2005, registered at Police Station- Pathariya, Distt. Bilaspur (C.G.) for the offence punishable under Sections 302, 307 & 323, 294/34 of the IPC. The case of the prosecution is that the pipe of the irrigation tube well belonging to the applicants was crushed by the cattle of one Parsel. Prasad (deceased). On this, the deceased was apprehended by the applicants. This is the incident of the day time. The deceased went to his house and told all this to his sons namely Sanat Kumar, Santosh, Duje Ram. Thereafter, the deceased alongwith Sanat Kumar, Santosh and Duje Ram went to the house of the applicants at about 10 p.m. on the said date i.e., 12.9.2005. At that time, the deceased was armed with Tabbal and Santosh was armed with Tangia. It is stated that the applicants were not in their house as they had gone to Ganesh Pandal in village. They were called from the Pandal and the quarrel took place in the house of the applicants in which the applicants as well as the complainant party both received injuries. The allegations are that these applicants caused injuries to Sanat Kumar, Santosh & Duje Ram and they also caused injuries to Parsel Prasad. Sanat Kumar, Santosh and Duje Ram ran away from the place of occurrence whereas parsel prasad fell down and died on the spot. Learned counsel for the applicants submits that in fact, the complainants were the aggressors who had gone to the house of the applicants armed with deadly weapons and when the quarrel took place they received injuries and incidentally, the deceased died on the spot. He further submits that the applicants have also made report to the police in connection with the same occurrence and a criminal case vide Crime No. 140/2005 has been registered against Santosh Kumar, Sanat Kumar, Duje Ram and Ballu Satnami under Sections 294, 506 (Part-II) and 323/34 of I.P.C. His submission is that in the aforesaid quarrel, applicants No. 1 & 2 also received injuries and the wife of applicant no.2 was also injured. His further submissions is that though a detailed version has been set forth by the prosecution, but the prosecution has not explained the injuries sustained by the applicants no. 1 & 2 in this case and in this way, learned counsel argues that the prosecution has suppressed the genesis of the crime. He prays for releasing the applicant on bail. On the other hand, learned State counsel opposes the bail application. Considering the facts and circumstances of this case particularly, considering the circumstance that the place of occurrence is the house of the applicants and that the complainant party had gone to the house of the applicants at about 10 p.m. and they were armed with deadly weapons like Tabbal and Tangia and there on some hot exchanges, a quarrel took place and they received injuries in which a person died, I am of the opinion that present is a fit case to enlarge the applicants on bail. Their application filed under section 439 of Cr.P.C. is allowed. It is directed that applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs. 10,000/- with one surety each in the like amount to the satisfaction of the trial Court for their appearance on each date of hearing till disposal of the trial. Bail Granted.