ANIL DIWAKAR Vs. STATE OF CG

JUDGEMENT

(1.) 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 & 302/149 of the IPC.

(2.) 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 Panchyat. 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 Satnmai. The allegations are that on account of this controversy a free fight took place there and six persons were injured 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.

(3.) 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.