High Court Of ChhattisgarhMCRCA/554/2021allowed

Yashwant Kumar Dhritlahre v. State Of Chhattisgarh

2021-07-06Hon'Ble The Acting Chief Justice2 pages

MCRCA No. 554 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 554 of 2021 Yashwant Kumar Dhritlahre, S/o Jayprakash Dhritlahre, aged about 38 years, R/o Kabir Ward Mungeli, Police Station Mungeli, Tahsil and District Mungeli (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Hirri, District Bilaspur, Chhattisgarh ---- Non-Applicant For Applicant : Shri Awadh Tripathi, Advocate.

For Non-Applicant : Shri Arjit Tiwari, Panel Lawyer. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 06/07/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.155/2020, registered at Police Station Hirri, District Bilaspur for offences punishable under Section 379/34 of the IPC.

2. The applicant along with co-accused Indal @ Sonu Kunwar, Mahendra Kant Rachinga @ Nanu, Parmeshwar and Ashok Dhritlahre have committed theft of 4 tyres along with wheels of a trailer vehicle bearing registration No.CG-22/K-3758.

3. Learned State Counsel would oppose the prayer for grant of bail. However, he would submit that as against this applicant there is no previous criminal antecedents. Co-accused Sonu is having criminal

MCRCA No. 554 of 2021 antecedents.

4. All the stolen articles have already been recovered from Sonu @ Indal.

5. Considering that the articles have already been recovered from coaccused, the applicant does not have any previous criminal antecedents and the offence is triable by the Judicial Magistrate 1st Class, I am inclined to release the applicant on anticipatory bail.

6. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) he shall not influence the witnesses during trial. (ii) he shall make himself available for interrogation by a police officer as and when required;

(iii) 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 facts to the Court or to any police officer.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve