Baiju Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Baiju Yadav S/o Shri Bhola Yadav Aged About 25 Years R/o Village - Seoni, Police Station & Tahsil Champa, District - Janjgir Champa, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through - Station House Officer, Police Station Champa, Civil And Revenue District - Janjgir Champa, Chhattisgarh.

---- Respondent For Applicant :- Mr. Pushpendra Kumar Patel, Adv.

For Respondent-State :- Mr. Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 14/01/2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 306/2019 registered at Police Station - Champa, District JanjgirChampa (C.G.) for the offence punishable under Section 306 of the IPC.

• The prosecution story, in brief, is that the complaint has made complaint to the concern police station

Champa alleging that there is dispute between the deceased and brother and deceased has poured kerosene oil on her body. Based on this, offence has been registered. The present applicant has been taken into custody on 08.09.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that incident took place on 13.08.2019 and the case is registered on 07.09.2019, looking to the facts, there is delayed FIR by the complainant in this case, which is very long delay in this case and he was not involved in anykind of crime. Next submission is that as the applicant is in jail since 08.09.2019, he is ready to furnish adequate surety and shall abide by all the directions and conditions which may be 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. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present applicant is in jail since 08.09.2019 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 their 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. Applicant 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