S R RAMMURTI 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. 98/2006, registered at Police Station - Purani Bhilai, District - Durg (C.G.) for the offence punishable under Sections 294, 506(B), 323 & 326/34 of the IPC. The case of the prosecution is that on 5/3/2006 at about 6:30 p.m., some quarrel took place between the family members of 2 neighbours and ultimately, the applicant, no.2 - Lalita gave a teeth bite on the right pinna of the complainant, due to which there was complete loss of outer part of ala of ear and part of lobule. Learned counsel for the applicants submits that it was a simple quarrel, in which, unfortunately, this injury was received by the victim namely - Hemawati, who lodged the report at 9:15 on the same day. He further submits that earlier the case was registered under Sections 323, 294 and 506 read with Section 34 of the IPC. However, at the time of filing of the charge sheet, an offence under Section 326 of the IPC has been added. Considering the facts and circumstances of this case, particularly considering the nature of injury received by the victim, for the present, I am not inclined to admit applicant no.2 - Lalita on bail. Her application filed under Section 439 of the code of Criminal procedure is dismissed. So far as applicants - S.R. Rammurti, Smt. Saudhari Bai and Ku. Maheswari, are concerned, they are entitled to be released on bail. Their application filed under Section 439 of the Code of Criminal procedure is allowed. It is directed that these applicants namely S. R. Rammurti, Smt. Saudhari Bai and Ku. Maheshwari, shall be released on bail on each of them furnishing a personal bond in sum of Rs. 10,000/- 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. Looking to the scenario in which the crime has been committed, a liberty is granted to applicant no. 2 to repeat her prayer after a reasonable time. Application Partly Allowed.