Omkar Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2893 of 2016 Omkar Yadav S/o. Shri Baiga Ram Yadav, Aged about 38 years, R/o. Village Premnagar, Thana and Tahsil Patthalgaon, Civil and Revenue District Jashpur (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through the Station House Officer, Police Station Patthalgaon, Civil and Revenue District Jashpur (C.G.) ---- Respondent For Applicant :- Mr. Sunil Sahu, Advocate For Respondent/ State :- Ms. Shobha Kashyap, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/06/2016 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. 81/2016 registered at Police Station- Patthalgaon, District Jashpur (C.G.) for the offence punishable under Sections 436,511 of Indian Penal Code 2.

Case of the prosecution in brief, is that on 03.04.2016, the applicant set fire to the house of Rajan Paswan while doing so he was caught hold by Ghurau Sidar, however, he ran away from the place, thereby, the offence has been committed. 3.

Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is in jail since 05.04.2016, therefore, he may be enlarged on bail.

4.

Per contra State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstance of the case, that the charge-sheet has been filed in this case and further considering the fact that no further investigation is necessary and the applicant is in jail since 05.04.2016, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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 Santosh