Basant Lal Yadav v. The State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6605 of 2019 • Basant Lal Yadav S/o Late Sukhu Yadav Aged About 75 Years Caste Aheer, R/o Village Poksari, Post Poksari, Police Station And Tahsil Batouli, District Surguja, Chhattisgarh.
---- Applicant
Versus
• The State Of Chhattisgarh Through S H O Police Station Batauli, District Surguja, Chhattisgarh.
---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri A.K. Prasad, Advocate For Respondent/State : Shri Anurag Verma, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 29.11.2019 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.73/2019, registered at Police Station Batauli, District Sarguja(CG) for the offence punishable under Sections 147, 148, 149, 294, 506B, 323, 307 of the IPC.
3.
As per the case of prosecution, the complainant Ram Naresh Yadav lodged a report that on 16.8.2019 that his father was called by the Forest officers to resolve the dispute, at that time, the present applicant along with other co-accused persons came there and assaulted him with Tangia, Geda and Lathi, due to which he received injuries on chest and leg. 4.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely
implicated in the case on account of some dispute between them. He further submits that the applicant is in jail since 04.9.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail. 5.
On the other hand, learned counsel for the State opposes the bail application.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is in jail since 04.9.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
10.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita