Shiv Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7910 of 2019 • Shiv Kumar Yadav S/o Late Beerchand Yadav Aged About 28 Years, R/o Station, Lodhipara, Behind Gurudwara, Yadav Mohalla, Raipur Chhattisgarh, Police Station Ganj, Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Ganj, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Raza Ali, Adv.

For Respondent/State :

Mr. B. L. Sahu, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27/01/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 401/2019 registered at Police Station-Ganj, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 186, 353, 332, 294, 506, 34 of the IPC.

2. The prosecution story, is that on getting the information from the control room of dialed 112 the complainant (constable) has reached to the spot along with the other staff. The public who were abusing to each other got tampered over the constable and one of them has hit the constable from the stick resulted which complainant sustained injuries. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question.

He further submits that the sustained injury is simple in nature and the applicant is in jail since 25.10.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 25.10.2019 and 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu