High Court Of ChhattisgarhMCRC/2591/2020allowed

Yusuf Pathan v. State Of Chhattisgarh

2020-05-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2591 of 2020 • Yusuf Pathan S/o Late Phool Mohammad Aged About 22 Years R/oWard No.- 4, Teblar Set, Dallirajhara, P.S.- Dallirajhara, District- Balod, C.G.

---- Petitioner

Versus

• State Of Chhattisgarh Through- S.H.O.- P.S.- Dallirajhara, DistrictBalod, Chhattisgarh ---- Respondent For Applicant : Mr. Hemant Gupta, Advocate For State/respondent : Mr. Ghanshyam Patel, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/05/2020

1. The default pointed out by the Registry is waived.

2. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.317/2019 registered at Police-Station-Dalli Rajhara, Revenue & CivilBalod(C.G.) for the offence punishable under Sections 458, 294, 506, 323 of the IPC.

3. It is submitted by the learned counsel for the applicant, that the applicants has been falsely implicated in this case. The applicant is in jail since 11.11.2019. The case is before the trial Court and the trial of this applicant is still pending, therefore, it is prayed that applicant may

be granted regular bail.

4. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the case diary of the applicant is not available, however, it is admitted that the charge-sheet has been filed.

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

6. After considering the facts and circumstances of the case and also that applicant has undergone of the period of 6 months in jail and the trial is incomplete, for these reasons, I feel inclined to allow the bail application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his 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/- (Rajendra Chandra Singh Samant) Judge Nisha