SUDAM PRASAD Vs. SATATE OF C.G.

JUDGEMENT

(1.) M .Cr.C.No.2056/2007 filed by Sudama Prasad, Harishankar & Krishna Kumar Arya, M.Cr.C.No. 1984/2007 filed by Gouri Shankar Manikpuri and M.Cr.C.No. 1982/2007 filed by Babbar Khan, Awadesh Singh and Sibbanlal Gupta are disposed of by this common order as all these M.Cr.Cs. are arising out of Crime No.111/2007 of Police Station Seepat, Distt. Bilaspur (C.G.) for commission of the offence punishable u/ss 147,148,149, 307, 353, 332, 435 & 427 of I.P.C., and Section 3 of Lok Sampatti Chhati Adhiniyam, 1984.

(2.) THE case of the prosecution is that on 17.4.2007 at about 11.30 a.m., one employee namely Vijay Chauhan of Omega Enterprises was working at Seepat N.T.P.C. Plant which was under construction. He fell down from Smoke Chimney No.1 and died on the spot, as a result of which, the workers became angry and the talks were going on between the Management and the labourers for compensation. During that period, all of a sudden, the accused applicants alongwith other accused persons attacked the C.I.S.F. personnel and other employees, as a result of which, Santosh Yadav sustained injuries on head and Ekramuddin, Shriram, Nasir Ahmed, Bahdur Junda, P.S. Ghosh, Pawan Kumar, Rajesh Kumar & S.C. Sharma sustained simple injuries of abrasions and swelling.

(3.) ON the other hand, learned State Counsel opposed the bail applications. Having heard learned counsel for the parties and further considering the arguments advanced by the applicants and the fact that the applicants are in custody since 18.4.2007 thereby they are in detention for about more than 71/2 months, the trial is likely to take some time and the offence is triable by the Magistrate, I am of the opinion that it is a fit case to release the accused applicants on regular bail. Therefore, their applications filed u/s 439 Cr.P.C. are allowed.