Chattisgarh High Court
Kailash Yadav vs State Of Chhattisgarh on 21 July, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4552 of 2022
• Kailash Yadav S/o Rajendra Yadav Aged About 23 Years R/o Village
Mudbhadur, Out Post Jaalbandha, Police Station Khairagahr, Tehsil
Khairagarh, District Rajnandgaon, Chhattisgarh. --- Petitioner
Versus
• State Of Chhattisgarh Through The District Magistrate Rajnandgaon,
District Rajnandgaon, Chhattisgarh. --- Respondent
CAUSE TITLE TAKEN FROM CIS PERIPHERY
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For Applicant : Mr. Siddharth Pandey, Adv.
For Respondent/State : Ms. Akshara Amit, PL.
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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 21.07.2022
1. This second application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested on 07.11.2021 in connection with Crime No.445/2021 registered at Police Station Out Post Jalbandha, PS Khairagarh, District Rajandgaon for the offence punishable under Sections 307, 427 & 34 of IPC.
It is pertinent to mention here that the first application filed by the accused/applicant and two others in which application on behalf of the present applicant was dismissed as withdrawn vide order dated 08.02.2022 in MCRC No.9798/2021.
2. Prosecution story, in brief, is that the complainant Sunil Verma lodged a written complaint that on 06.11.2021 with averment that when he along with his friends were sitting near the house of one Jitendra, the present applicant along with the other co-accused came there and due to previous enmity assaulted with weapon like sword on his head and also broken his motorcycle. On the aforesaid information, report was lodged and the accused persons were arrested.
3. Learned counsel for the applicant submits that the accused/applicant is innocent and has been roped in a false case. He submits that the complainant Sunil Verma (PW-1), eye witness Anil Sahu (PW-2), Set Sahu (PW-3) and Dilip Sahu (PW-4) have been examined before the trial Court and they have turned hostile. He also submits that co-accused persons have been enlarged on bail by this Court vide order dated 08.02.2022 in MCRC No.9798/2021. He submits that the applicant is behind the bars since 07.11.2021 and final conclusion of the trial is like to take considerable period, therefore, he may enlarged on bail.
4. Per contra, learned State counsel vehemently opposes the bail application. However, upon being asked, it is submitted by the State counsel that as per case diary applicant has no criminal antecedents.
5. Having considered the submission of the parties, considering the facts and circumstances of the case; particularly considering the statement recorded by the prosecution witnesses and further considering the nature of accusation; period of pretrial detention of the applicant, this Court deems it appropriate to enlarge the applicant on bail.
6. Accordingly, the application is allowed and it is directed that on applicant's furnishing a personal bond in the sum of Rs.10,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of case.
Sd/-
(Deepak Kumar Tiwari) Judge Ajay