Shiv Shankar Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9241 of 2021 Shiv Shankar Yadav S/o Shri Harikeshwar Yadav, Aged About 44 Years R/o Village Navadin P.S Trikunda, District Balrampur Ramanujganj Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Trikunda, District Balrampur Ramanujganj Chhattisgarh ---- Respondent For Applicant :

Ms. Soniya Kuldeep, Advocate.

For Respondent :

Mr. Ravi Maheshwari, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 17.12.2021

1. The applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 46/2021 registered at Police Station Trikunda, Balrampur District Ramanujganj (C.G.) for the offence punishable under Sections 294,307,323,506/34 IPC.

2. According to the prosecution story, the applicant along with other co-accused had assaulted the complainant and her husband with axe, wooden stick and hands. Based on that, offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and he has not committed any offence. She further submits that other co-accused persons have already been granted bail the trial Court, therefore,

the applicant may be enlarged 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 record.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, fact that other co-accused persons have already been granted bail by the trial Court, as the applicant is in jail since 11/08/2021 and charge sheet has been filed, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Santosh