Allowed

Tibu Yadav @ Jagdish Yadav v. State of Chhattisgarh

Chhattisgarh HC3 Nov 2023MCRC/4862/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application under Section 439 Cr.P.C. filed by the applicant, who had been in detention since 2014. Considering the long detention period and bail orders passed for co-accused, the court directed release on personal bond with surety.

What did the court decide?

Release of applicant on bail in execution of a personal bond of Rs. 50,000 with one surety of the like sum.

Tibu Yadav @ Jagdish Yadav Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No. 4862 of 2023

¶5

Tibu Yadav @ Jagdish Yadav, S/o Late Vilas Yadav, Aged About 65 Years, R/o Village Khurri, P.S. Chiniyan, District Garhwa (Jharkhand).

¶6

---- Applicant

¶7

Versus

¶8

State Of Chhattisgarh, Through Station House Officer, Police Station Samripath, District Balrampur Ramanujganj, Chhattisgarh.

¶9

---- Non-applicant

¶10

For Applicant	: Mr. Arun Kumar Shukla, Advocate.
For State/Non-applicant	: Mr. Gurudev I. Sharan, G.A.

¶11

Hon'ble Shri Justice Naresh Kumar Chandravanshi

¶12

Order on Board

¶13

03.11.2023

¶14

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 was arrested on 20.03.2014 in connection with Crime No.02/2012, registered at Police Station Samripath, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 147, 148, 149, 342, 395 of the Indian Penal Code, 1860 and under Sections 25 & 27 of the Arms Act, 1959.

¶15

2. Case of the prosecution is that, complainant is a supervisor in a Bauxite mines of R.K. Transport Samri filed a written complaint to the police station, alleging that on 09.02.2012, complainant went to the village Pundag to setup the

¶16

¶17

marriage of his daughter and on the way some naxalites stopped him and took him to beside the Pundag School, where they have tied the complainant and committed maarpit with him, saying that he is a mukhbir (informant) of the police, but taking benefit of lonesomeness, he escaped from their clutches and fled away from there. Based on the above facts, the present case has been registered against the present applicant and other co-accused persons.

¶18

3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. He further submits that 2 other co-accused persons have already been granted bail by the co-ordinate Bench of this Court vide order dated 20.07.2020 in MCRC No.1091/2020 and other connected matter. It is further submitted that applicant is in jail since 20.03.2014, therefore, he may be enlarged on bail.

¶19

4. On the other hand, learned counsel for the State opposes the bail application filed by the applicant did a very serious crime along with the naxalites, therefore, he may not be enlarged on bail.

¶20

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

¶21

6. Having regard to the facts and circumstances of the case, particularly considering the long detention period of the applicant and also considering the fact that 2 other co-

¶22

¶23

accused persons have already been granted bail by the coordinate Bench of this Court, I am inclined to release the applicant on bail. Therefore, the application filed by applicant Section 439 of the Cr.P.C. is allowed.

¶24

7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court on each hearing, he be released on bail.

¶25

Certified copy as per rules.

¶26

Sd/-

¶27

(Naresh Kumar Chandravanshi) Judge

¶28

Pathak/-

Tibu Yadav @ Jagdish Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Tibu Yadav @ Jagdish Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vikas Goyal Vs State of Chhattisgarh

Smt. Seema Mukherjee Vs the Registrar General

Neeraj Vaishya Vs Chhattisgarh State Power Holding Company Ltd.

Nazir Ahmad Khan Vs Shekh Shafik Ahmed

Shaniram Vs Sohdabai

Deep Chaudhary Vs State of Chhattisgarh