Videsh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4582 of 2020 • Videsh Yadav, S/o Ramkewal Yadav, Aged about 30 years, R/o Khukhari, Police Chowki Bariyo, Thana Rajpur, District Balrampur-Ramanujganj (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through - Police Chowki Bariyo, PSRajpur, District Balrampur-Ramanujganj (C.G.) ---- Respondent For Applicant :

Mr. Vikash Pandey, Advocate.

For Respondent/State :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28/08/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 82/2020 registered at Police Station- Rajpur, District BalrampurRamanujganj (C.G.) for the offence punishable under Sections 458, 294, 323 and 506-B of the IPC, 1860.

2. The prosecution story in brief is that, on 29.04.2020, the complainant namely Sanjay Yadav lodged FIR against the present applicant and stated that on 28.04.2020 the applicant has entered the house of the complainant and beaten him. Based on that, after investigation, offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant has been roped in the offence due to enmity. He next submits that the applicant is in jail since 09.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be

released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 09.06.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vasant