Aakash Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Aakash Yadav S/o Santosh Yadav Aged About 18 Years R/o Village Sandhipara, Ratanpur, P. S. Ratanpur, Tehsil Kota, District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through P. S. Ratanpur, District Bilaspur Chhattisgarh.

---- Respondent For Applicant :- Mr. Pawan Kesharwani, Advocate For Respondent-State :- Ms. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 09/01/2020 The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 399/2019 registered at Police Station - Ratanpur DistrictBilaspur (C.G.) for the offence punishable under Section307/34 of the IPC.

As per the case of prosecution, on 08.10.2019 at about 19:00 pm at Sandhipara Ratanpur near the

general store of Rahul, the present applicant along with other co-accused entered into a fight with injured-Lavkesh and tried to commit his murder. Thereafter, offence has been registered against the present applicant and taken him into custody on 10.10.2019.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case and the charge-sheet has been filed. He further submits that one of the co-accused has been released on bail by learned Session Court. He further submits that the applicant is in jail since 10.10.2019 and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, the present applicant may be released on bail.

On the other hand State counsel strongly opposes the bail application.

I have heard learned counsel for the parties and perused the entire material available on record. Considering the facts and circumstance of the case, in particular the nature of allegations against the applicant and the fact that the applicant is in jail since 10.10.2019 and as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

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 Ankit