Pawan Yadav v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 434 of 2020 • Pawan Yadav S/o Tejbahadur Yadav Aged About 22 Years R/o Geedam Naka, Jagdalpur, Police Station Bodhghat, District Bastar, Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through The Police Station Bodhghat, Civil And Revenue District Bastar, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Punit Ruparel, Advocate.

For Respondent/State :

Ms. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 03.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 321/2019 registered at Police Station - Bodhghat, District Bastar (C.G.) for the offence punishable under Section 392/34 of the IPC.

2. As per the prosecution case, complainant was traveling with her friends in auto, at that time, applicant with co-accused person, riding in the motorcycle, came near the auto and snatched a hand bag of complainant in which one MI mobile phone and cash of Rs. 1500/- were kept. Based on that, after investigation, offence has been registered against the applicant and he has been arrested.

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 stolen mobile has been seized from the possession of co-accused person and from the present applicant only some money has been recovered and the same was his own. He next added that applicant is in jail since 26.12.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel 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, looking to the detention period of the applicant i.e. since 26.12.2019, as 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 said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu