M.Cr.C. No.4992/2010
07/07/2010
Shri S.K.P.Verma, Advocate for the applicants.
Shri Akhilesh Shukla, Public Prosecutor for the
respondent-State.
Heard both the parties.
Case diary of Crime No.197/2010 registered at
Police Station Bina District Sagar for the offence
punishable under Sections 147, 148, 307, 323 read
with Section 149 of IPC is perused.
The applicants are arrested on 27/4/2010 for the
aforesaid offence.
Learned counsel for the applicants submits that
there was a free-fight between both the parties. The
applicants are poor persons belonging to Scheduled
Castes. They were beaten by the opposite party, which
is complainant in this case. A counter case is
registered against the complainant party of this case
for the offence punishable under Section 302 of IPC
and Section 3(2)(v) of SC/ST (Prevention of Atrocities)
Act, 1989. The police has registered the case under
Section 307 of IPC unnecessarily. Victim of offence
under Section 307 of IPC was Mehboob. He sustained
fracture of left ulna, but no fracture of any part of his
skull was found and, therefore, case at the most comes
under the purview of Section 325 of IPC and,
therefore, the matter against the applicants is not
serious. They assaulted to the various complainants by
way of right of private defence. They are in custody
since 27/4/2010, therefore the pray for bail.
Learned public prosecutor for the State opposes
the application. He submits that a counter case is
already pending against the applicants.
After hearing aforesaid arguments and looking to
the custody period of the applicant, without
expressing any view on the merits of the case, I am of
the opinion that this is a fit case in which bail may be
granted to the applicants Pappu, Har Prasad,
Ramcharan, Ramdas, Khemchand, Pooran and
Devi Singh.
Therefore, the application of the present
applicants under Section 439 Cr.P.C is hereby
allowed. They be released on bail on furnishing a bond
in sum of Rs.30,000/- (Rupees thirty thousand) each
with one surety bond of the same amount to the
satisfaction of the trial Court, to appear before the
trial Court on the dates given by the concerned Court.
Certified copy as per rules.
(N.K.Gupta)
Judge
Ansari