Sanjay Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 6265 of 2017 Sanjay Yadav S/o Rampyare Yadav, aged about 32 years, R/o Gadhelpara, Police Station Baikunthpur, District Korea, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh through Station House Officer, Police Station Baikunthpur, District Korea, Chhattisgarh ---- Respondent For Applicant :

Shri Anil Gulati, Advocate For Respondent/State :

Smt. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 27/11/2017 This is the first bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 259/2017 registered at Police Station Baikunthpur, District Korea (CG) for the offence punishable under Sections 25 & 27 of Arms Act. The applicant is in jail since 14.09.2017.

2.

Counsel for the applicant submits that this is the first offence in which the applicant has been involved. He submits that the applicant has already remained in custody for a period of more than two months and prayed for releasing the applicant on bail.

3.

State counsel, however, opposing the bail application submits that it is a case where the present applicant was found to be in possession of a country made pistol (Deshi Katta) and therefore, he does not deserve to be released on bail.

4.

Considering the entire facts and circumstances of the case

particularly the nature of offence and the period of custody already undergone by the applicant, this Court is of the opinion that it is a fit case where the applicant can be released on bail.

5.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall 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 trial Court for his appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Bhola