Decided on January 07,2005

Miraudi Bai Kewat Appellant
STATE OF C.G. Respondents


- (1.) HEARD .
(2.) THE accused/applicants have preferred these bail applications under Section 439 of the Cr.P.C. for releasing them on bail during trial. They are accused in crime No. 195/2004, registered at Police Station : Bhatapara (Gramin), District - Raipur for commission of the offence punishable under Sections 307, 506-B, 323, 324, 294, 147, 148, 149 and 302 of the IPC. The case of the prosecution is that on 17-11-2004 at about 10.30 a.m., all the accused persons, 8 in numbers, being the members of unlawful assembly and in prosecution of the common object, entered into the agricultural fileds of the complainant namely-Chitrautin Bai and caused fatal injuries to the deceased Bhagwat Prasad which results into his death. Simple injuries were also caused to Chitrautin Bai, Sulochani, Kaushal bai, Mantri, Ramesh, Laxmi and Surit etc. It is alleged that all 8 persons were armed with lathis and tangia. According to the post mortem report, the deceased received 3 incise wounds on his skull and there was fracture on his left ulna bone. Learned counsel for the accused/applicants submits that the names of the applicants are not mentioned in the FIR and there is no seizure from their possession. They have neither committed nor participated in any such act which may amount to the offences mentioned above. He further submits that there was a land dispute between the parties and a civil suit has already been decided in favour of Manohar and Bahasram and a decree has been passed in their favour.
(3.) ON the other hand learned State counsel opposed the bail applications I have heard learned counsel for the parties. The FIR does not contains the names of the accused/applicants. The applicants are ladies. The only evidence comes against them is their presence on the place of occurrence. There are also no allegations regarding their participation in the 'mar-peet' to the deceased. The statements of the eye witnesses are vague and general so far as these applicants concerned. Considering the facts and circumstances of the case, specially considering the nature of allegations against the accused/applicants, this Court is of the opinion that it is a fit case in which the accused/applicants should be enlarged on bail during trial. Accordingly, the applications are allowed. The accused/applicants are directed to be released on bail on their furnishing a personal bond in sum of Rs. 10,000/- with two sureties in the like sum to the satisfaction of the commital Court/trial Court for their appearance before the said Court on all dates of hearing given to them by the said Court. Accordingly, M.Cr.C. No. 2925/2004 & M.Cr.C. No. 2926/2004 stand disposed of. Bail Granted.;

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