Umesh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.347 of 2016 Umesh Yadav son of Jodhan Yadav, aged about 28 years, resident of Bankombo, Police Station-Narayanpur, Tahsil-Kunkuri, District-Jashpur (CG) ---Applicant

Versus

State of Chhattisgarh Through: Station House Officer, Police StationNarayanpur, District Jashpur (CG) ---Non-applicant For Applicant :

Mr. J.K.Saxena, Advocate For Non-applicant :

Mr. D.R.Minz, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.102/2015, registered at Police StationNarayanpur, District-Jashpur (C.G.), for the offence punishable under Section 307/34 of the IPC.

2.

Case of the prosecution, in brief, is that on 15.9.2015 the applicant and co-accused assaulted injured Mohar Yadav by axe by which the injured suffered grievous injuries which were sufficient to cause his death. 3.

Learned counsel for the applicant would submit the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that injuries were simple in nature and the injured only remained in hospital for three days. He is in jail since 20.9.2015 and charge-sheet has already been filed.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant; his pre-trial detention; period of hospitalization of the injured and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

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

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-