RAJKUMAR SIDAR @ MANTRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These are four bail applications seeking for grant of bail to the Applicants who are in jail since September-October, 2017 onwards in connection with Crime No. 414 of 2017 registered at Police Station Kharsiya, District Raigarh, for the offence punishable under Sections 147 , 148 , 149 , 302 , 294 , 506 , 452 , 323 and 427 IPC.

(2.) The allegation as per prosecution against the applicants are that, the present applicants is said to have along with other co-accused persons on 27.09.2017 gone to the shop of the complainant Arjun Rohra and there on account of some altercation between them, the applicants have assaulted the complainant by Lathi and Danda on account of which the complainant Arjun Rohra sustained injuries. Arjun Rohra is said to have lodged FIR on 27.09.2017 at around 8:15 PM i.e. after one hour from the incident that took place at around 7 PM. Later on it is said the said complainant Arjun Rohra expired on the same day. Postmortem of dead body was conducted and in the postmortem the cause of death shown was coronary artery disease in a case of trauma.

(3.) Learned Counsel for the applicants submit that the deceased did not die a homicidal death and the cause of death was not due to the alleged injuries sustained by him in the said incident. The initial MLC report was that the injuries sustained were not grievous in nature. It was further contended by the applicants that the entire incident has been captured in the CCTV Camera installed in the shop of complainant himself. Further, even the CCTV Camera does not give positive assertion of the present applicants involved in assaulting the complainant Arjun Rohra. All the applicants are young boys, they have been falsely implicated in the case and are in jail since September-October, 2017 onwards and therefore they may be released on bail. They further submits that even if the entire contents of FIR is taken into account, even then, offence under Section 302 IPC is not made out.