Dilip Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.

Dilip Kumar Yadav S/o Shri Kholuram Yadav, Aged About 42 Years R/o Village Khamhariya Ward No. 15 Lawan, P. S. Kasdol, Civil & Revenue District Balodabajar Bhatapara (Chhattisgarh). ---- Applicant

Versus

State Of Chhattisgarh Through, Station House Officer, Police Station Kasdol, District Balodabajar Bhatapara (Chhattisgarh). ---- Respondent For Applicant:

Mr. Sunil Sahu, Advocate For State:

Ms. S. Ghai, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 08.04.2016 1.

This is second bail application filed under Section 439 of Cr.P.C. for grant of bail to the Applicant who is in jail since 13.01.2014 in connection with Crime No. 25/2014 registered at Police Station - Kasdol, District - Balodabajar-Bhatapara for the offence punishable under Sections 294, 323, 506, 302 of Indian Penal Code and Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities ) Act. 2.

The first bail application filed by the Applicant was rejected by this Court on 28.08.2014.

3.

Learned Counsel for the Applicant submits that the present bail application has been filed taking into account the delay in the completion of the trial on account of the Doctor cited as witness by the prosecution not

being examined.

4.

Learned State Counsel opposing the same submits that the Doctor has since entered his appearance his evidence has also been recorded. As such, the evidence part except for the recording of 313 statement of the accused stands concluded.

5.

Considering the fact that the trial is at its fag end, this Court is not inclined to grant bail to the Applicant at this juncture. 6.

However, it is expected that the Court below shall conclude the trial as expeditiously as possible.

7.

With the aforesaid directions, the present bail application is dismissed. Sd/- (P. Sam Koshy) JUDGE kishore