Santosh Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2918 of 2016 Santosh Yadav, S/o. Gangaprasad Yadav, Aged About 23 Years, R/o. Village Godhbordi, P.S. Kharsian, District Raigarh, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through S.H.O., Kharsian, District Raigarh, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Ishwar Jaiswal, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16.06.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.178/2016, registered at Police Station Kharsian, District Raigarh (C.G.) for the offence punishable under Section 456, 294, 506(B), 323 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that on 27.04.2016, the applicant entered into the house of the complainant Rajendra Baghel and abused and assaulted his wife Rukhmani Baghel and pushed the mother of the complainant whereby she fell down. Thereby, the offence is committed.

3.

Learned counsel for the applicant would submit that the charge sheet has been filed and no further investigation is necessary and the applicant is in jail since 28.04.2016, therefore, he may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the statement of the complainant. Considering the nature of injury which are stated to be simple in nature and taking into fact that no further investigation is necessary and the applicant is in jail since 28.04.2016, I am inclined to release the applicant on bail.

6.

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

7.

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. Sd/- (Goutam Bhaduri) Judge Ashok