High Court Of ChhattisgarhMCRC/5720/2019allowed

Ramkumar Yadav v. State Of Chhattisgarh

2019-10-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5720 of 2019 • Ramkumar Yadav S/o Munna Ram Yadav Aged About 40 Years Occupation Agriculturist R/o Village Kumdeva (Sayar), Police Station And Tahsil Udaypur, District Surguja Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Chowki Kedma, Police Station Udaypur, District Surguja Chhattisgarh.

---- Respondent For Applicant : Shri Sumit Singh Rathore and Ms.

Rashmi Sen, Advocates For Respondent/State : Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 22/10/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 49/2019 registered at police Chowki Kedma, PS Udaipur, district Surguja (CG) for the offence punishable under Sections 294,506-B,323 and 307/34 IPC. Prosecution case in brief is that the applicant along with other accused persons assaulted the brother of the complainant with a club as a result of which he sustained grievous injury on his head and was admitted in the hospital for eight days.

Counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that the applicant is in jail since 08.07.19 and the trial may take some time for its disposal and therefore he be released on bail. On the other hand, learned counsel for the State opposes the bail application.

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail. Sd/- (Rajani Dubey) Judge suguna