Sita Ram Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6678 of 2015 Sita Ram Yadav, son of Dhanurjai Yadav, aged about 25 years, caste Mahkul, residence of Jhunkajhapar, P.S. Kurdeg, Distt. Simdega (Jharkhand), presently resident of Village Gadakta, P.S. & Tahsil Kunkuri, Civil and Revenue District Jashpur, Chhattisgarh ... Applicant Vs.

State of Chhattisgarh, through Station House Officer, Police Station Kunkuri, District Jashpur, Chhattisgarh ...

Respondent For the applicant :

Mr. C. J. K. Rao & Mr. Harish Khuntiya, Advocates.

For the Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 75/2015 registered at Police Station Kunkuri, Distt. Jashpur for the offences punishable under section 406 IPC.

2. As per the prosecution case, a report was lodged by the complainant Ashok Bada who is the owner of Hundai I-10 Car that on 12.05.2015 at about 3.00 p.m., accused Sitaram, driver of the said vehicle came to him and took away his Car and did not hand over it to the complainant and on being contacted by mobile phone, it was reported that it was out of range, therefore, the offence was committed.

3. Learned counsel for the applicant submits that the charge sheet in this case has been filed and the applicant is in jail since 12.10.2015 and no further evidence or investigation is required in this case, therefore, the applicant may be enlarged on bail.

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

5. Having regard to the facts and circumstances of the case and the way in which the offence committed as also considering the nature of

allegations and the fact that the charge sheet has been filed, I am inclined to release the applicant on bail.

6. Accordingly, this bail petition 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.

Sd/- GOUTAM BHADURI JUDGE Rao