Laxmikant Yadu @ Rajiv Yadu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7703 of 2019 • Laxmikant Yadu @ Rajiv Yadu S/o Ashok Yadu, aged about 27 years, R/o Ramsagar Ward, Thana Bhatapara (Sahar), District Baloda Bazar, Bhatapara (C.G.) ---- Applicant
Versus
• State of Chhattisgarh Through : The Police Station, Bhatapara (Sahar), District Baloda Bazar - Bhatapara (C.G.) ---- Respondent For Applicant :
Shri Deepak Jain, Advocate For Respondent :
Shri V.K. Agrawal, P.L.
Hon'ble Smt Justice Rajani Dubey Order on Board 20/01/2020 1.
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.405/2019, registered at Police Station - Bhatapara (Sahar), District Baloda Bazar - Bhatapara (C.G.) for the offence punishable under Sections 294, 307, 186, 332 and 353 IPC.
2.
The allegation against the present applicant is that he caused injuries to the complainant with burning stove when he was inquiring him about the incident which had taken place there and also stopped him from roasting gram. Based on this, offence has been registered. The present applicant has been taken into custody on 07.10.2019.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant had no intention to cause injury to the complainant and the incident took place when
the complainant stopped him from roasting gram. He also submits that the injuries sustained by the complainant/victim are simple in nature. He also submits that the applicant is in custody since 07.10.2019, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.
4.
On the other hand, learned counsel for the State opposed the bail application. Learned State counsel submits that the applicant caused injuries to a police personnel when he was discharging his duty.
5.
I have heard learned counsel for the parties and perused the case diary.
6.
Considering the totality of the facts and circumstances of the case, nature of injuries and further considering the fact that the applicant is in custody since 07.10.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.
7.
Accordingly, the bail application is allowed. 8.
It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Pekde