High Court Of ChhattisgarhMCRC/5692/2015rejected

Dhananjay Yadav v. State Of Chhattisgarh

2015-10-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5692 of 2015 • Dhananjay Yadav, aged about 30 years, S/o Jugnu Yadav, R/o Village Higutgarh, Ghanapur, District Chandouli (U.P.) present Add - Munshi Ismail Ward - Bhatapara, District - Baloda-bazar-Bhatapara, C.G. ---- Applicant

Versus

• State of Chhattisgarh Through: S.H.O., Bhatapara (City), Dist:- BalodaBazar-Bhatapara, C.G. ---- Respondent For Applicant :

Mr. Hemant Gupta, Advocate.

For Respondent/State :

Mr. O.P.Sahu, Government Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 27/10/2015

1. The applicant has preferred the instant bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No.81/15 registered in Bhatapara (city) for offence punishable under Section 306 of the I.P.C. and 3 (2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the Act').

2. Case of the prosecution, in brief, is that deceased was the keep of the applicant and on account of some dispute that the applicant wants to go back to his native, the deceased committed suicide on 13.05.2007, report of which, has been lodged on 05.06.2007 subsequently. Thereafter, the applicant was arrested on 25.08.2015.

3. Learned counsel for the applicant would submit that applicant was working in the area where he was leading his life and he did not know that any report was lodged against him. He would further submit that he has not committed any offence, and therefore, he may be released on bail.

4. On the other hand, learned State counsel opposes the bail application.

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

6. Taking into consideration all the facts and circumstances of the case, role of the present applicant in the offence in question; further taking into consideration that the incident took place in the year 2007 whereafter he was absconding and permanent arrest warrant was issued against him and he was apprehended on 25.08.2015, I am not inclined to grant bail to the applicant.

7. Accordingly, the instant bail application is rejected. However, it is directed that the trial Court shall expedite the matter within 6 months from the date of receipt of copy of this Order. Sd/- (GOUTAM BHADURI) JUDGE Anjani