Chattisgarh High Court
Sharad Yadav vs State Of Chhattisgarh on 29 April, 2022
Author: Rajendra Chandra Singh Samant
Bench: Rajendra Chandra Singh Samant
Page No.1
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1319 of 2022
1. Yogesh Yadav S/o Sharad Yadav Aged About 20 Years Caste Yadav,
R/o Jaitpuri, Out Post Malhar, Police Station Masturi, District Bilaspur,
Chhattisgarh, District : Bilaspur, Chhattisgarh
2. Kamal Yadav S/o Sanjay Yadav Aged About 20 Years Caste Yadav,
R/o Jaitpuri, Out Post Malhar, Police Station Masturi, District Bilaspur,
Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Applicants
Versus
1. State Of Chhattisgarh Through District Magistrate (Collector), District
Bilaspur, Police Station Masturi, District Bilaspur, Chhattisgarh,
District : Bilaspur, Chhattisgarh
---- Respondent
MCRC No. 2197 of 2022
1. Sharad Yadav S/o Hiralal Yadav, Aged About 55 Years Caste Yadav, R/o Jaitpuri, Out Post Malhar, P.S. Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
2. Sanjay Yadav S/o Thanuram Yadav, Aged About 20 Years Caste Yadav, R/o Jaitpuri, Out Post Malhar, P.S. Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
3. Bishwa Yadav @ Beeru, S/o Thanuram Yadav, Aged About 25 Years Caste Yadav, R/o Jaitpuri, Out Post Malhar, P.S. Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
4. Arjun Yadav, S/o Budhhu Yadav Aged About 19 Years Caste Yadav, R/o Jaitpuri, Out Post Malhar, P.S. Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
---- Applicants Versus
1. State Of Chhattisgarh Through District Magistrate (Collector), District Bilaspur P.S. Masturi, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Respondent _________________________________________________________ For Applicants : Mr. Ramsajiwan, Advocate.
For Respondent/State : Mr. Vikram Sharma, Dy. Govt. Advocate. Page No.2
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 29/04/2022
1. Since the above bail applications arise out of the same crime number, they are being disposed of by this common order.
2. These are the first bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 624/2021 registered at Outpost-Malhar, Police-Station-Masturi, District-Bilaspur(C.G.) for the offences punishable under Sections 294, 307, 147, 148 and 34 of the Indian Penal Code (for short 'IPC').
3. Learned counsel on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in this case. Charge-sheet has been filed. The offence registered under Section 307 of IPC against these applicants is not made out. The weapon of assault in this case have been brought in wooden stick only. The injury caused to the victim Maniram is reported to the grievous nature only. The trial is likely to take some time, hence, it is prayed that the applicants be granted regular bail.
4. Learned State counsel opposes the applications and submissions made in this respect. It is submitted that there is clear evidence present against these applicants about making assault on the victim with intention to his death, therefore, these applicants are not entitled for grant of bail.
5. I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.
6. As per the prosecution case, on the date of incident these applicants and others because of some previous dispute confronted the victim Page No.3 Maniram, abused him, threatened him and then assaulted him with clubs and rods causing injuries on his head. The examining doctor is reported the injuries to the of grievous nature. There is also CT Scan report mentioning about presence of some internal hemorrhage.
7. Considered on the submissions. As it appears that these applicants do not have any previous criminal antecedent and the investigation in this case is completed and the trial is pending for conclusion, therefore, I feel inclined to allow the bail application of these applicants.
8. Accordingly, the bail application filed by applicants under Section 439 of the Cr.P.C. are allowed. It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/-each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Sd/-
(Rajendra Chandra Singh Samant) Judge Nisha