High Court Of ChhattisgarhMCRC/7161/2016allowed

Santosh Kumar Yadav v. State Of Chhattisgarh

2016-11-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7161 of 2016 • Santosh Kumar Yadav S/o Mahettar Yadav Aged About 35 Years R/o Village Bada Darha, Police Station & Tahsil Dabhara, District Janjgir - Champa Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station Dabhara, District Janjgir - Champa Chhattisgarh ---- Respondent For the applicant :

Mr. Kamlesh Kumar Pandey, Adv.

For the Respondent :

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.11.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 35/2010 registered at P.S. Dabhra, Distt. Janjgir Champa (C.G) for the offence punishable under Section 395, 427, 435, 323, 511, 147, 148 of IPC.

2. As per the prosecution case, on 10.02.2010 complainant Mithlesh Kumar lodged a report that when he wanted to demarcate the land of the Company which was being acquired , the villagers objected to it, assaulted the complainant and looted the amount from him and thereafter damaged the car thereby the offence was committed.

3. Learned counsel for the applicant would submit that the charge sheet has been filed in the year 2012 and though the applicant was in the village, but he was shown to be

absconded and he has been arrested on 03.10.2016. He submits that since the charge sheet has been filed, no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the documents.

6. Considering the degree of allegations and the nature of offence and further taking into the totality of the facts and circumstances of the case especially the fact that the incident is of the year 2010; charge sheet was filed in 2012 and no further investigation is necessary as also the fact that the applicant is in jail since 03.10.2016, I am inclined to release the applicant on regular bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o