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High Court Of ChhattisgarhMCRC/3441/2015dismissed

Bhanu Yadav v. State Of Chhattisgarh

2015-07-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 Bhanu Yadav, S/o. Ghasiam Yadav, aged about 35 years, resident of village Goverdhanpur, P.S. Chakradharnagar, Civil and Revenue District Raigarh (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: The Station House Officer, Police Station City Kotwali, Civil and Revenue District Raigarh (C.G.) ---- Respondent For Applicant:

Mr. Rajesh Ranjan Sinha, Advocate.

For Respondent/State:

Mr. Neeraj Jain, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /07/2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.207/2015 registered at Police Station City Kotwali, Civil and Revenue District - Raigarh, for the offence punishable under Section 394 of the Indian Penal Code. (2) Case of the prosecution is that the applicant and two other coaccused persons are alleged to have robbed the complainant and looted Rs. 4,100 & purse from the complainant on 13.03.2015 and thereby committed the aforesaid offence.

(3) Counsel for the applicant submits that the applicant has falsely been implicated in the offence in question as he has not committed any offence; and the story made by the prosecution appears to be concocted and wholly improbable; applicant is in jail since 15.03.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

(4) On the other hand, learned counsel for the State submits that offence of robbery is rampant in the Raigarh region and, therefore, the applicant is not entitled to be released on bail. (5) Taking into consideration the facts & circumstances of the case; looking to the nature & gravity of the offence; and the manner in which the applicant & two other co-accused persons alleged to have looted truck driver in the night at 9.30 am; and the other co-accused persons are absconding, I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

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