Arun Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Arun Kumar Yadav, S/o Shri Sitaram Yadav, aged about 28 years, R/o Village Bhurka, Police Chowki; Champaran, Police Station Gobra, Navapara, District Raipur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through : Station House Officer, Police Station: Gobra Navapara, District: Raipur (C.G.) -----Non-applicant For Applicant:

Mr.C.R. Sahu, Advocate.

For Non-applicant/State:Mr. Adhiraj Surana, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 4 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 302/2015 registered at Police Station Gobra Navapara, Distt. Raipur for the offences punishable under Sections 307 & 324 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 23.12.2015 applicant assaulted victim Chandrashekhar Sahu, by which he sufferred grievous injuries, which were sufficient to cause his death.

(3) Counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that applicant is in jail since 24.12.2015 and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; looking to the nature and gravity of the offence; hospitalization period; his detention period and the fact that charge sheet has already been filed; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

(6) Accused/applicant - Arun Kumar Yadav is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one 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 till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-