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High Court Of ChhattisgarhMCRC/8689/2021allowed

Dharam Yadav v. State Of Chhattisgarh

2021-12-16Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

MCRC No. 8689 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8689 of 2021 • Dharam Yadav S/o Aged About 23 Years R/o Shivprasaed Yadav R/o Ward No. 9 Kanaknagar, Chuikhadan, District Rajnandgaon Chhattisgarh.

----Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Station -Chhuikhadan, District Rajnandgaon Chhattisgarh. ---- Respondent For Applicant :- Mr. Abhishek Sharma, Advocate For Respondent - State :- Mr. Gurudev I. Sharan, G.A.

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 16/12/2021

1. The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.240/2021 registered in Police Station Chhuikhadan, District Rajnandgaon C.G. for the offence punishable under Sections 25, 27 of the Arms Act.

2. Case of the prosecution, in brief, is that on 17.10.2021, present applicant was threatening the people and having knife near wine shop at Chhuikhadan, thereafter the Police reached there and arrested the applicant and seized the knife.

MCRC No. 8689 of 2021

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He would further submit that the applicant is in jail since 17.10.2021 and he has no previous criminal antecedent of similar nature of crime as also he is permanent resident of Chhattisgarh State, therefore, he may be released on bail.

4. Per contra, learned State counsel would oppose the prayer for grant of bail.

5. Considering the fact and circumstances of the case as also considering the fact that applicant is in jail since 17.10.2021; period of detention and the offence is triable by JMFC, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.5,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

SD/- (Deepak Kumar Tiwari) Judge Ayushi