Komal Prasad @ Kamal Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 • Komal Prasad @ Kamal Yadav, S/o Phoolsai Yadav, aged about 23 years, R/o Gora Chowk, Malkharauda, Police Station & Tahsil Malkharauda, District Janjgir-Champa at preset resident at Sanjay Maidan, Rambhatha, Raigarh, Tahsil & District Raigarh (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through - District Magistrate, District Janjgir-Champa (C.G.) ---- Non-applicant For Applicant:

Mr. Ashish Gupta, Advocate.

For Non-applicant/State:Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 4 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. Istgasha No.1/2016 (Crime No.201/2016 wrongly mentioned in impugned order as Crime No.1/2016) registered at Police Station Malkharauda, District Janjgir-Champa (C.G.) for the offence punishable under Section 41(1-4) of the Code of Criminal Procedure and Section 379 of the Indian Penal Code. (2) After hearing learned counsel appearing for the parties, taking into consideration the facts & circumstances of the case;

looking to the nature & gravity of the offence and the manner in which applicant has stolen motorcycle owned by complainant Rajendra Kumar and subsequent recovery from him and the other material collected by the prosecution against the applicant; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Sd/- (Sanjay K. Agrawal) Judge D/-