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High Court Of ChhattisgarhMCRC/6315/2015allowed

Nandram Yadav v. State Of Chhattisgarh

2016-01-12Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6315 of 2015 • Nandram Yadav S/o Johitram, Aged About 37 Years, R/o Shashipur, Ward No. 2 Chandrapur Police Station - Chandrapur, Tahsil Dabhra District Janjgir - Champa ( Chhattisgarh) --- Petitioner

Versus

• State of Chhattisgarh Through Police Station - Chandrapur, District Janjgir Champa ( Chhattisgarh ) --- Respondent For the applicant :

Mr. Deepak Kumar Singh, Advocate For the Respondent :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 12.01.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 134/2015 registered at P.S. Chandrapur, District Janjgir Champa (C.G) for the offence punishable under Section 452, 294, 506 & 323 IPC.

2. Case of prosecution, in brief, is that on 24.10.2015 the applicant has entered into the house of complainant and thereafter assaulted him by way of fists and club and thereby the offence is committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case; the offence is triable by the JMFC; the charge sheet in this case has been filed and the applicant is in jail 25.10.2015, therefore he prays that the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Taking into consideration the totality of the circumstances

and the degree of allegations against the applicant and the fact that the charge sheet in this case has been filed, this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. 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. He shall also appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao