Komal Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1564 of 2015

1. Komal Yadu S/o Late Shri Nirbhay Yadu, Aged About 27 years, R/O Village Gumka, P.S. Gumka, Tah. Rajnandgaon, Civil And Rev. Distt. Rajnandgaon (Chhattisgarh) ---- Applicant

Versus

1. State Of Chhattisgarh, Through : The Station House Officer, P.S. Gumka, Distt. Rajnandgaon (Chhattisgarh) ---- Respondent And MCRC No. 1568 of 2015

1. Brijlal Chaudhary S/o Shri Chamru Ram Chaudhary, Aged About 47 years, R/O Village Ghumka, P.S. Ghumka, Tah. Rajnandgaon, Civil And Rev. District Rajnandgaon (Chhattisgarh.)

2. Domar Singh Verma S/o Shri Sriram Verma, Aged About 59 Years, R/O Village Gumka, P.S. Gumka, Tah. Rajnandgaon, Civil And Rev. District Rajnandgaon (Chhattisgarh) ---- Applicants

Versus

1. State Of Chhattisgarh, Through : District Magistrate, Rajnandgaon (Chhattisgarh) ---- Respondent For Applicants.

- Mr. Rakesh Thakur, counsel in M.Cr.C.No.1564/2015 - Mr. P.K.C. Tiwari, Sr. Advocate with Mr. Shashi Bhushan Tiwari, counsel in M.Cr.C.No.1568/2015. For Respondent/State.

Mr. Ramakant Pandey, Panel Lawyer.

Hon'ble Shri Justice T. P. Sharma Order On Board (12/05/2015) (1) Since both the bail applications arose from the same Crime No. 14/2013, they are being disposed of by this common order.

(2) The applicants have filed these applications under Section 439 of the Cr.P.C. for grant of regular bail, as they is in custody in connection with Crime No.14/2013, registered at Police Station: Gumka, District Rajnandgaon (C.G.), for the offence punishable under Sections 409, 465, 467, 468 & 471, 34 of the IPC.

(3) This is the 3rd bail application of applicant-Komal Yadu and 4th bail application of applicants Brijlal Chaudhary and Domar Singh Verma, for grant of regular bail, who are languishing in jail since 16.09.2013. Previous bail applications of applicants have been dismissed. (4) Learned Senior Advocate for the applicants submits that cases are triable by J.M.F.C.; applicants are languishing in jail since 16.09.2013; they are daily wager; they have been falsely implicated in the crime in question. He further submits that in similarly situated applicant-Deepak Verma has already been released on bail vide order dated 27.02.2015 in M.Cr.C.No.682/2015 by this Court.

(5) On the other hand, learned Panel Lawyer for the State oppose the bail applications and submits that previous bail applications of these applicants have been dismissed on merit.

(6) Considering the period of detention and pendency of trial without substantive progress, I am of the view that it is a fit case to enlarge the applicants on bail. Accordingly, M.Cr.C.No.1564/2015 & 1568/2015 are allowed. Applicant Komal Yadu, Brijlal Chaudhary and Domar Singh Verma are directed to be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- each with two solvent sureties of Rs.25,000/- each to the satisfaction of the trial Court concerned. They shall appear before the said Court as and when directed by the said Court. In case of two regular defaults, this bail order shall stand cancelled automatically. (7) At the time of accepting bail bond, the Court concerned shall minutely verify that whether any bail application has been decided previously by the High Court or the Supreme Court and in case the Court finds that previous bail application has been decided, the order shall automatically stand cancelled.

(8) At the time of accepting the bail bonds, appellants and sureties shall affix their latest photographs and certified copy of revenue records. The Court concerned shall also submit compliance report within 15 days of its compliance to the Registry of this Court.

(9) Certified copy as per rule.

J U D G E Vijay