Mangal Yadav v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2913 of 2019 • Mangal Yadav S/o Latiram Yadav, Aged About 45 Years, R/o Gram - Shoanpur, Tehsil - Lailunga, Police Station Lailunga, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through the Officer Incharge, Police Station Lailunga, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ----Non-applicant For Applicant - Shri Ashutosh Mishra, Advocate. For Non-applicant/State - Shri Ghanshyam Patel, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-07-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 20-01-2019 in connection with Crime No.10/2019 registered at P.S. - Lailunga, District Raigarh, Chhattisgarh for the offence under Section 304 & 201 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 20-01-2019. No overt act has been attributed on the part of this applicant regarding causing death of the deceased, the only evidence that would be made out is under Section 201 of the IPC. Therefore, it is prayed that the applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, co-accused persons have laid a trap of live electric wire. Deceased Mohan Lal Manjhi came into contact of that wire and died. The allegation against this applicant is this that he helped in

-2concealment of the evidence of crime by throwing the dead body on road to show it a case of accident.

6.

After considering on the entire material present the case diary and the evidence regarding involvement of this applicant, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil