High Court Of ChhattisgarhMCRC/6098/2016allowed

Tarun Yadav v. State Of Chhattisgarh

2016-11-18Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.6098 of 2016 Tarun Yadav, S/o Shyam Yadav, aged about 26 years, R/o Ward No.9, Bagbahara, Police Station & Tahsil Bagbahra, District Mahasamund (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through its Police Station, Bagbahra, District Mahasamund (C.G.) ---- Non-applicant For Applicant:

Mr. B.L. Sahu, Advocate.

For Non-applicant:

Mr. Dheeraj Kumar Wankhede, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/11/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.191/2015, registered at Police Station Bagbahara, Distt. Mahasamund, for the offence punishable under Section 414 of the IPC.

2. This is the third bail application filed on behalf of the applicant for grant of regular bail. First bail application was dismissed as withdrawn with liberty to repeat after charges are framed against the applicant.

3. Learned counsel for the applicant submits that by order dated 2-32016, only charge under Section 414 of the IPC has been framed against the applicant and he is in jail since 17-9-2015.

4. Since charges have been framed and after filing of charge-sheet, no custodial interrogation of the applicant is required and taking into consideration the facts and circumstances of the case, the applicant

is in jail since 17-9-2015 i.e. for more than one year and only charge under Section 414 of the IPC is framed against the applicant which is punishable with imprisonment for three years, or with fine, or with bone, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

5. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma