Kamlesh Prasad Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 381 of 2020 • Kamlesh Prasad Yadav S/o Dhundha Prasad Yadav Aged About 40 Years R/o Bhendari, Police Chowki Doura, Police Station - Pasta, District - Balrampur - Ramanujganj Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station A J A K, Balrampur, District Balrampur - Ramanujganj Chhattisgarh.

---- Respondent For Applicant : Shri Jitendra Shrivastava, Advocate For Respondent/State : Smt. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 27/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.35/2019 registered at police station Balrampur, District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 294,506 and 435 IPC and Section 3 (2)(vd) of the SC/ST (Prevention of Atrocities) Act, 1989. As per prosecution case, a report was lodged by the complainant alleging that she and her husband used to work in the shop of the applicant and for the last 30 days they were not paid the salary. It is further alleged that when she went to the premises of the appliant for collecting her belongings, he abused her in filthy language

and set her clothings on fire.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 03.01.2020 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna