High Court Of ChhattisgarhMCRC/533/2019rejected

Khamhan Yadav v. State Of Chhattisgarh

2019-02-07Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 533 of 2019 Khamhan Yadav S/o Pardeshi Yadav Aged About 54 Years Caste Yadav ,occupation Agrivculture R/o Village Talwa,police Station Baradwar ,tahsil Jaijaipur District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer ,police Station Baradwar ,district Janjgir Champa Chhattisgarh., District : JanjgirChampa, Chhattisgarh. ---- Respondent For the Applicant :

Shri Sunil, Advocate appears on behalf of Shri R.S. Patel, Advocate For the State :

Shri Ashutosh Pandey, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /02/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.282/2018 registered at Police Station Baradwar, District Janjgir-Champa (C.G.) for the offence punishable under Section 397 of IPC and Section 25, 27 of Arms Act.

3. Case of the prosecution, in brief is that on 01/11/2018 about 01.55 p.m. in front of the Durga Platform at Village Talwa applicant was threatening public at large by showing sword which has been seized from him.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that five other criminal cases have been registered against the applicant under Section 107 and 116 of CrPC.

6. Looking to the facts and circumstances of the case,looking to this fact that five other criminal cases have been registered against the applicant, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

Sd/- (Sharad Kumar Gupta) Judge Kamde