Yashwant Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2190 of 2018 Yashwant Yadav S/o Late Brijlal Yadav Aged About 34 Years R/oDehanpara, Balco Nagar, Korba, Tahsil And District- Korba, Chhattisgarh., District : Korba, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, District Magistrate, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh. ---- Respondent For the Applicant :

Shri Anil Gulati, Advocate.

For the Respondent/State :

Shri Vijay Bahadur Singh, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

15.05.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 59 of 2018, registered at Police Station City Kotwali, Outpost Rampur, District Korba, Chhattisgarh for the offences punishable under Section 408 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 2.2.2018 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, this applicant was the Supervisor of the liquor shop and out of sale proceeds of the liquor made from the shop he has embezzled and misappropriated an amount of Rs.2,25,909/-. After lodging of FIR, the case has been registered against the applicant. Hence, this case.

6.

Considered the material present in the case-diary. Presently, the case is pending before the trial Court, the applicant has no criminal antecedents and the trial of the case is likely to take some time for its final disposal, I am of the considered opinion that the applicant deserves to be released on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi