Sanjay Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3032 of 2021 1.

Sanjay Kumar Yadav S/o Jagatram Yadav, Aged About 22 Years, Caste Rawat, Resident Of Bazarpara Post Saraipali, Police Station And Tahsil Saraipali, District Mahasamund (C.G.). ---- Applicant

Versus

1.

State Of Chhattisgarh, Through Station House Officer, Police Station Saraipali, District Mahasamund (C.G.). ---- Non-Applicant For Applicant : Mr. Raghavendra Pardhan Advocate.

For Non-Applicant/State : Mr. Shrestha Gupta, P.L. for the State. Hon'ble Justice Shri Gautam Chourdiya Order on Board 08/07/2021 1) The matter is heard through Video Conferencing. 2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 16/02/2021 in connection with Crime No. 55/2021 registered at Police Station Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 457, 380 of Indian Penal Code.

3) Case of the prosecution, in brief, is that present applicant who is working as Security Guard in Sumit Bazar committed theft of Rs. 20,06,550/- from the shop (Sumit Bazar) of the complainant. On report being lodged to the above effect, the aforesaid offence has been registered against the applicant.

4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that applicant is in jail since 16/02/2021, charge sheet has been filed,

there is no criminal antecedents against the applicant and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail.

5) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that applicant has no criminal antecedents.

6) Heard learned counsel for the parties.

7) Considering the facts and circumstances of the case, the detention period of the applicant who is 22 years old, charge sheet has already been filed, offence is triable by Judicial Magistrate First Class, the fact that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i.

he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.

he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.

he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv.

he shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority.

v.

he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant