Saurabh @ Sunny Yadav v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4214 of 2019 Saurabh @ Sunny Yadav, aged 20 years, S/o Shri Arun Yadav R/o Jabdapara, P.S. Sarkanda, Tehsil & District Bilaspur(CG) --Applicant
Versus
State Of Chhattisgarh Through Station House Officer Police Station Sarkanda, District Bilaspur (CG) ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Achyut Tiwari, Advocate For Respondent/State : Shri Anant Bajpai, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 29.07.2019 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.201/2019, registered at Police Station Sarkanda, District Bilaspur(CG) for the offence punishable under Sections 294, 452, 506, 323, 427, 34 of the IPC. 3.
As per the case of prosecution, the complainant lodged a report against the applicant that he along with some other coaccused persons entered into his house and abused, threatened to death and beaten him and his family members with lathi and danda and also broke the house hold articles, in which they received injuries.
4.
Learned counsel for the applicant submits that the applicant has not committed any offence. On account of a petty quarrel, he has been falsely implicated in the case. He submits the applicant is in
jail since 16.5.2019 and yet charge sheet has not been filed and trial will take some time for its final disposal, therefore, the applicant may be released on bail.
5.
On the other hand, learned counsel for the State opposes the bail application.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the fact that the applicant is in jail since 16.5.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
10.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita