Anil Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8190 of 2021 Anil Yadav S/o Keshwar @ Ranjan Yadav, Aged About 34 Years R/o Chai Bagan, Barganwa, Police Station - Namkum, District Ranchi (Jharkhand)., District : Ranchi, Jharkhand ---- Applicant

Versus

State Of Chhattisgarh Through - Police Station - Samripath, District Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ---Respondent ----------------------------------------------------------------------------------------------- For Applicant :

Mr. Amarnath Pandey, Advocate For Respondent/State :

Mr. Ishwar Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Smt. Justice Rajni Dubey Order On Board 01/11/2021 This first application under Section 439 of the Code of Criminal Procedure has been filed by the accused/applicant, who is languishing in jail since 27.05.2021 in connection with Crime No. 2/2019 registered at Police Station Samripath District Balrampur, Ramanujganj CG for the offence punishable under Sections 323, 341, 427, 394, 435, 399, 120/B, 212, 299 IPC and 3,5,8 of Chhattisgarh Public Security Act, 2005 & 25,27 and 30 of the Arms Act, 1878. 2.

The prosecution case in nutshell is that on 03.01.2019 some unknown persons came to the place where the complainant was working as Poclain Machine Operator in a Bolero vehicle, stopped him from performing his work, looted his cell phone, subjected him to beating, set two machines afire and also

threatened him to kill.

3.

Learned counsel for the applicant submits that the applicant has been roped in a false and concocted case and therefore, he may be set at liberty by granting bail. He submits that the applicant would abide by all terms and conditions imposed on him while granting bail.

4.

Learned State counsel however puts forth his vehement opposition to the prayer for bail.

5.

Having heard counsel for the parties, taken into consideration the facts and circumstances of the case and also keeping in mind the fact that the other accused persons have already been granted a clean chit by way of acquittal vide judgment dated 07.08.2021 rendered in ST No.50/2019, this Court is of the opinion that the accused/applicant is entitled for bail. Accordingly, the application is allowed and it is directed that on applicant's furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety to the satisfaction of the concerned Court, he shall be released on bail. The applicant however, shall ensure his appearance before the trial Court as and when so directed, till the disposal of the case. Order accordingly.

Sd/- (Rajni Dubey) Judge Ajay/Jyotishi*