Santosh Yadav @ Madan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8012 of 2020 • Santosh Yadav @ Madan Yadav S/o Late Puran Yadav Aged About 32 Years R/o Putsu, Police Station Pasta, District Balrampur-Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Pasta, District BalrampurRamanujganj Chhattisgarh ---- Respondent For Applicant :

Shri Amarnath Pandey, Advocate For State :

Shri Anurag Verma, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/02/2021 Heard.

1.

The applicant has been arrested in connection with Crime No.51/2017 registered at Police Station - Pasta, District - Balrampur-Ramanujganj (C.G.) for alleged commission of offences under Section 302, 294, 120-B of IPC. 2.

Prosecution case is that the applicant committed murder of one Anand Yadav who was going on his motor cycle.

3.

Learned counsel for the applicant would submit that the present application has been filed on the ground of delay in trial. He would submit that the applicant is in jail since 28/08/2017 and trial has not been concluded. Even now, four witnesses of prosecution have not been examined. Therefore, on the ground of delay, the applicant may be granted bail.

4.

On the other hand, learned State counsel opposes bail application and submits that the applicant is being tried for commission of heinous offence. Therefore, only on the ground of delay in trial, he may not be granted bail.

5.

In the present case, the applicant has remained in jail since 28/08/2017 but the trial has not been concluded till date. It is stated that about four witnesses are remained to be examined. Considering the above, though this Court is not inclined to grant bail, at the same time, the Trial Court is directed to conclude the trial within three months. 6.

The application is, accordingly, rejected.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti