Single order dismissed bail applications of Avilakh, Ramkewal, and Naresh Yadav but granted regular bail to Mandeep, Heera, and Bhagwat Yadav in three connected criminal proceedings involving an assault leading to death.
Regular bail granted to Mandeep, Heera, and Bhagwat Yadav; applications of Avilakh, Ramkewal, and Naresh Yadav rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6212 of 2022
| 1. | Avilakh Yadav S/o Bhudal Yadav Aged About 60 Years R/o Village Nilkanthpur, Police Station Ramchandrapur, District Balrampur - Ramanujganj, Chhattisgarh |
|---|---|
| 2. | Ramkewal Yadav Bhudal Yadav Aged About 58 Years R/o Village Nilkanthpur, Police Station Ramchandrapur, District Balrampur - Ramanujganj, Chandigarh |
| 3. 4. • • • • |
Naresh Yadav Ramkewal Yadav Aged About 30 Years R/o Village Nilkanthpur, Police Station Ramchandrapur, District Balrampur - Ramanujganj Chhattisgarh Mandeep Yadav Aklu Yadav Aged About 35 Years R/o Village Vijay Nagar, Police Station Ramanujganj, District Balrampur - Ramanujganj Chhattisgarh ---- Applicants (In jail) Versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Ramchandrapur, District Balrampur - Ramanujganj, Chhattisgarh ---- Respondent MCRC No. 7687 of 2022 Heera Yadav S/o Late Gopal Yadav Aged About 45 Years R/o Village Vijaynagar Chouki Vijaynagar Police Station Ramanujganj, Tehsil And Dist. Balrampur - Ramanujganj (C.G.) ---- Applicant (In jail) Versus State Of Chhattisgarh Through - Station House Officer Police Of Police Station Ramchandrapur, District - Balrampur - Ramanujganj (C.G.) ---- Respondent MCRC No. 7219 of 2022 Bhagwat Yadav S/o Parmeshwar Yadav Aged About 68 Years Presently R/o Village Vijaynagar, Outpost Vijaynagar, P.S. Ramchandrapur, District Balrampur-Ramanujganj (C.G.) ---- Applicant (In jail) Versus |
| • | State Of Chhattisgarh Through Police Station Ramchandrapur, District Balrampur-Ramanujganj (C.G.) ---- Respondent |
| -------- For A |
---------------------------------------------------------------------------------------------------------- pplicants : Shri Awadh Tripathi and Shri Shishir Dixit, Advocates |
| For R ------- |
espondent/State : Shri Ravi Solapurkar, GA and Ms Akshara Amit, PL ----------------------------------------------------------------------------------------------------------- |
Mcrc 6212, 7687 and 7219 of 2022
2
Hon'ble Shri Justice Parth Prateem Sahu Order on Board
14.09.2022
Mcrc 6212, 7687 and 7219 of 2022
3
before completion of meeting conducted in their village and were waiting for applicants and others. They themselves stopped the vehicle and started quarreling. Chotu Korwa, who was in association of Naxalites, was possessed with one handmade pistol and he threatened them for life. Injured persons may have suffered injuries in a free fight. There is no specific allegation against any of applicants of making assault by means of any weapon. He also contended that in the same incident, applicant party also received injuries, regarding which report was lodged in concerned Police Station on the same day, based upon which Crime was registered against Kanhai Yadav and two others for offence under Section 307 of IPC and other offences. Crime registered on the complaint of applicant party was the prior one. As per statement of Moti Yadav, father of Kanhai Yadav, Kanhai Yadav and Chotu Korwa were arrested by Police from the spot, in place of incident and thereafter, he was also assaulted by Police due to which he received some injuries, and for that, applicants cannot be held liable. He also contended that Kanhai Yadav was examined before the trial Court and there are material contradictions and omissions in his statement. In the FIR, names of applicants in MCRC-6212 of 2022 are not mentioned but other persons have been specifically named. Applicants are in jail since 05.07.2021, hence, may be enlarged on bail.
Mcrc 6212, 7687 and 7219 of 2022
4
(Tata Magic) and started assaulting Kanhai and Chotu Korwa. He also stated that in statement of Moti Yadav, it is clearly mentioned that applicantsRamkewal Yadav and Naresh Yadav tied Chotu Korwa, and thereafter, applicant-Avilakh Yadav assaulted him. Chotu Korwa suffered serious head injuries and as per postmortem report, he died due to multiple injuries received by him. As there is allegation of participation of all applicants/accused persons, they are not entitled for bail. However, he does not dispute submission of learned counsel for the applicants that on the complaint lodged by applicant party, Crime No.35 of 2021 was registered against Kanhai Yadav and two other persons for offence under Sections 307, 341, 294, 323 and 506 Part II, 34 of IPC and Section 25 of Arms Act.
Mcrc 6212, 7687 and 7219 of 2022
5
a) Applicants shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) Applicants shall not, in any manner, tamper with the prosecution witnesses.
c) If the applicants are found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/(Parth Prateem Sahu) JUDGE
padma
2 issues framed by the court
Whether to grant regular bail to six applicants facing charges under Sections 147, 148, 302, and others of IPC in a dispute leading to death.
Which applicants should be granted bail and which ones should be denied bail based on the specific allegations and circumstances.
Avilakh Yadav
Ramkewal Yadav
Naresh Yadav
Mandeep Yadav
Heera Yadav
Bhagwat Yadav
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
