Rohit @ Rahul Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8770 of 2020 • Rohit @ Rahul Yadav, S/o Late Rikhiram Yadav, Aged About 19 Years, R/o Village - Funda, Police Station - Patan, District - Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Station - Patan, District - Durg Chhattisgarh. ---- Respondent For Applicant : Mr. Avinash Chand Sahu, Adv.

For Respondent/State : Ms. Ishwari Ghritlahre, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 01.04.2021

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 148/2020 registered at Police Station- Patan, District - Durg, (C.G.) for the offence punishable under Sections 294, 506-B, 323, 341, 307, 34 of IPC.

2. The prosecution story, in brief is that, it has been alleged that present applicant along with other co-accused persons started beating to one Shivam by hand and fists and also assaulted with knife due to which he sustained grievous injuries. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is no specific allegation against the applicant and charge-sheet has been filed. He next added that the applicant is in jail since 26.10.2020 there is no likelihood of his case being decided in near future, therefore, the

present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence committed by the applicant is of serious in nature, and, therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the record.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that charge-sheet has been filed and the applicant is in jail since 26.10.2020, 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.

7. 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 him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi