Kameshwar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 794 of 2020 • Kameshwar Yadav S/o Jagarnath Yadav, Aged About 30 Years R/o Chalgali, P.S. Lundra, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Lundra, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For Applicant :

Shri Sushil Dubey, Advocate For Respondent /State :

Shri Anil Tripathi, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/03/2020

1. Heard.

2. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.102/2019, registered at Police Station Lundra, District Sarguja (CG) for the offence punishable under Sections 341, 342, 367, 368, 323 of the IPC.

3. As per the case of prosecution, complainant lodged a report that on 26.8.2019 at 10.00 am he had gone to the fields, at that time the applicant told him to work in his house as he has taken money from him for doing agricultural work on his filed and he has not done that work, but the complainant denied to work as he was back ache then the applicant beaten him.

4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case on account of money dispute. He submits that yet charge sheet has not been filed and the applicant is in jail since 30.12.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Perused the entire material available on record.

7. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and yet charge sheet has not been filed and the detention period of the applicant, I am of the opinion that present is a fit case to release the applicant on bail.

8. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10. Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita