High Court Of ChhattisgarhMCRC/821/2020allowed

Yashwant Kumar Bandhe v. State Of Chhattisgarh

2020-03-19Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 821 of 2020 • Yashwant Kumar Bandhe S/o Chhunu Ram Bandhe Aged About 45 Years R/o. Dr. R.L. Joshi Line, Ward No. 12, Contractor Colony, Supela, Police Station- Supela, DistrictDurg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through- Police Station- Supela, District- Durg, Chhattisgarh.

---- Respondent For Applicant : Mr. Pushpendra Kumar Patel, Adv.

For Respondent/State : Mr. B. L. Sahu, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19/03/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 889/2019 registered at Police Station Supela, District-Durg (C.G.) for the offence punishable under Sections 294, 506, 323 and 307 of IPC.

2. The prosecution story, in brief is that, it is alleged that on 13.09.2019 the present applicant abused the complainant, threatened her for life and assaulted with blade due to which complainant got grievous injuries. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and the sustained injuries are simple in nature. The applicant is in jail since 12.11.2019, there is no likelihood of his case

being decided in near future, therefore, the present applicant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 12.11.2019, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu