Dhanesh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6623 of 2020 Dhanesh Yadav S/o Fagva Yadav, Aged About 28 Years R/o Ward No. 20, Kashmiri Para, Dongargarh, District Rajnandgaon Chhattisgarh. ..... Applicant

Versus

State of Chhattisgarh Through Police Station Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent For the applicant :

Mr. Samir Singh, Advocate For the State :

Mr. Gagan Tiwari, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2020

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 342 of 2020 registered at Police Station Dongargarh, Distt. Rajnandgaon, (C.G) for the offences punishable u/ss 294, 323, 506, 307 of IPC.

2. As per the prosecution case, the applicant assaulted the victim Matin alias Shera Khan by a shock-up steel rod on his head, which was sufficient to cause death.

3. Learned counsel for the applicant would submit that the charge sheet has been filed and the applicant is in jail since 06.8.2020 and there was no intention to cause murder and no recovery was made from him.

4. On the other hand, learned State Counsel opposes the bail application.

5. Perused the charge sheet and medical report. Considering

the nature of evidence available and the fact that the charge sheet has been filed in this case and the applicant is in jail since 06.08.2020, I am inclined to allow the bail application.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o