Yashwant Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 546 of 2018 Yashwant Verma, aged about 19 years, S/o Ramkhilawan Verma, R/o Dhangaon, P.S. And Tahsil S. Lahara (Sahaspur Lohara) District- Kabirdham (C.G.).

---- Applicant

Versus

State of Chhattisgarh, through the District Magistrate Kawardha, District Kabirdham (C.G.).

---- Respondent For Appellant :

Mr. Suresh Kumar Verma, Advocate For Respondent :

Mr. Sameer Behar, PL for the State Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 22/03/2018 1.

Heard.

2.

The applicant has preferred this application filed under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 250/2017 registered at Police Station- Lohara (Sahaspur Lohara), District- Kabirdham (C.G.) for the offence punishable under Sections 294, 506, 323, 326 read with 34 of IPC. 3.

It is alleged that on 27/10/2017 at about 08:30 pm., the complainant was assaulted by the present applicant along with one Juvenile by fist and belt. As a result, the complainant sustained grievous injuries on his eye.

4.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocence and has been falsely implicated in the present case. Primafacie, offence under Section 326 is not made out. He further submits that the charge-sheet has been filed, the applicant is in jail since 29/12/2017 and the trial will likely to take some time to conclude, therefore, the applicant may be released on bail. 5.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

6.

I have heard learned counsel for both the parties. 7.

Considering the facts and circumstances of the case, particularly considering that the offence is triable by Judicial Magistrate First Class, charge-sheet has already been filed, the applicant is in jail since 29/12/2017 and the trial will likely to take some time to conclude, this court is inclined to release the applicant on bail. 8.

Accordingly, M.Cr.C. No. 546/2018 is allowed. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul