High Court Of ChhattisgarhMCRC/6391/2015allowed

Anurag Yadav v. State Of Chhattisgarh

2015-11-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6391 of 2015 ANURAG YADAV, aged about 19 years, son of late Vinod Yadav, resident of Mahamayapara, Ratanpur, Police Station Ratanpur, District Bilaspur (C.G).

...

Petitioner

Versus

STATE OF CHHATTISGARH, through the District Magistrate/Police Station Ratanpur, District Bilaspur, Chhattisgarh ...

Respondent For the applicant :

Mr. Manish Nigam, Advocate For the Respondent :

Mr. Ashish Shukla, Panel Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 26.11.2015

1. This is an application filed under section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant in connection with Crime No. 220 of 2015 registered at Police station Ratanpur, District Bilaspur, Chhattisgarh for the offences punishable under section 394/34 of IPC.

2. As per the prosecution case, on 04.10.2015 the applicant along-with other 3 accused looted cash of Rs.4000/-, mobil phone and one ATM card from the complainant Firoj Ansari @ Alam Ansari and others.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and some altercation took place between the applicant and complainant. He further submits that the charge sheet has been filed and applicant is in jail since 10.04.2015, therefore, considering the detention period of the applicant, he prays that the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. I have gone through the case diary and other documents.

6. Having regard to the degree of allegations and the nature of evidence

available against the applicant as also considering the fact that the charge sheet has been filed in this case and looking to the period of detention of the applicant, without any observation on the merits of the case for the purpose of bail, I am of the opinion that it is a fit case to enlarge the applicants on bail.

7. Accordingly the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He shall appear before the trial Court as and when directed by the said Court.

8. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao