High Court Of ChhattisgarhMCRC/590/2018allowed

Maniram Yadav v. State Of Chhattisgarh

2018-03-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 590 of 2018 Maniram Yadav S/o Late Ragrag Yadav @ Dasrathi Aged About 28 Years Occupation Labour, R/o Shitla Mandir Nayaganj, Tahsil & District Raigarh Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through The District Magistrate Raigarh District Raigarh & through Station House Officer, P.S. Kotwali Raigarh District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh --- Respondent For the applicant :

Mr. Manoj Jaiswal, Advocate.

For the Respondent :

Mrs. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 3 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 703/2016 registered at Police Station Kotwali, Raigarh, Distt. Raigarh (C.G) for the offences punishable under Sections 294, 506, 323, 326/34 of IPC.

2. As per the prosecution case, on 09.11.2016 while the applicant was sitting along-with co-accused, at that time victim Rajesh Yadav reached there and has given suggestion in the family matters which was objected by the present applicant, on which, certain altercation took place. Thereafter, the altercation aggravated and the applicant has caused biting injury to the complainant on his ear, thereby the offence has been committed.

3. Learned counsel for the applicant submits that the charge

sheet has been filed; no further investigation is necessary and the applicant is in jail since 15.02.2017, therefore, looking to the period of custody, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. .

5. Perused the case diary and the statement of the victim Rajesh yadav. Considering the statement of victim as also the fact that the charge sheet has been filed and the applicant is stated to be in jail for more than 1 year i.e., since 15.02.2017, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o