Ajay Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4455 of 2019 • Ajay Yadav, aged about 37 years, S/o Shri Kishore Yadav, R/o Teacher Colony Ward No. 13 Rajnandgaon, District Rajnandgaon.

---- Appellant

Versus

• State of Chhattisgarh, through Station House Officer, Police Station Kotwali, District Rajnandgaon (C.G.) ---- Respondent For Applicant :

Shri S. B. Tiwari, Adv.

For Respondent/State :

Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 30.07.2019

1. The accused/applicant has moved this bail application under Section 439 of Criminal Procedure Code 1973 for releasing him on regular bail during trial in connection with Crime No. 145/2019 registered at Police Station Kotwali District Rajnandgaon (C.G.) for the offence punishable under Sections 419, 420, 467 & 471/34 of IPC.

2. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The alleged incident took place in 2015 whereas the report was lodged in 2018 with a delay of four years that too without offering any explanation. He further submits that the co-accused namely Raju Tiwari has been granted bail vide order dated 24.05.2019 passed in

MCRC No. 2933/2019, therefore, the present appellant may also be released on bail.

3. Shri Wasim Miya, learned Penal Lawyer appearing for the State, per contra, would oppose the application for grant of bail.

4. I have heard learned counsel for the parties and perused the case diary.

5. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the case is triable by Judicial Magistrate First Class and the trial is likely to take some time for its final disposal, 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 local 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 them by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu