Janardan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 265 • Janardan Yadav S/o Sibo Yadav @ Jageshwer Yadav Aged About 38 years R/o Village : Khamhar, Thana & TahsilDharmjaigarh, Civil & Revenue District-Raigarh, DistrictRaigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Thana-Kapu, District- Raigarh, Chhattisgarh ---- Respondent For Applicant:

Shri Sanjay Agrawal, Advocate.

For Respondent/State:

Shri Neeraj Pradhan, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/07/2015 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. 45/2015 registered at Police Station Kapu, Distt. Raigarh for the offences punishable under Sections 363/34, 370, 371 & 374/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant along with another co-accused - Gaurav Saha @ Guddu were found

involved in exploitation and trafficking of one Ku. Kanti Yadav and thereby committed the aforesaid offences.

(3) Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in the crime in question as he is not involved in the aforesaid offence and even his exact role is not mentioned in the charge sheet. He would further submit that co-accused person namely Gaurav Sahua @ Guddu has already been granted regular bail by this Court vide order dated 11-05-2015 in M.Cr.C. No. 1859/2015 and, therefore, the present applicant may also be entitled for bail on the ground of parity.

(4) On the other hand, learned counsel for the State, after verifying the records, would submit that present case is similar to that of accused person, who has already been granted regular bail by this Court vide order dated 11.05.2015 in M.Cr.C. No. 1859/2015.

(5) Taking into consideration the facts & circumstances of the case; in particular the fact that co-accused person has already been granted regular bail by this Court vide order dated 11.05.2015 in M.Cr.C. No. 1859/2015; applicant is in jail since 07.01.2015; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant 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/-