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High Court Of ChhattisgarhMCRC/3659/2021rejected

Sanju @ Sandeep Yadav v. State Of Chhattisgarh

2021-07-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2330 of 2021 • Akhilesh @ Lalla Yadav S/o Ram Lal Yadav Aged About 23 Years R/o VillageBarpali Chowk, Champa, Police Station And Tahsil- Champa, District- JanjgirChampa, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- The District Magistrate/collector, District- JanjgirChampa, Chhattisgarh., ---- Respondent MCRC No. 3659 of 2021 • Sanju @ Sandeep Yadav S/o Tribhuvan Yadav Aged About 25 Years Caste Yadav, R/o Near Electric Office, Barpali Chowk, Champa, P.S. Champa, District Janjgir Champa Chhattisgarh., ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Champa District Janjgir Champa Chhattisgarh., ---- Respondent For Applicant - Mr. Mukesh Shrivastava, Advocate For State - Mr. Siddharth Dubey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.07.2021 1.

These are the first bail applications filed under Section 439 of CrPC for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 74/2021 registered in Police Station Champa Distt. Janjgir Champa (C.G.) for offence punishable under Sections 384, 323, 34 of Indian Penal Code. 2.

As per the prosecution case, on 18.02.2021 at about 09:25 pm., the applicants had looted Rs.5,500/- and Rs.20,000/- from the complainant Amrit Singh Rathore by putting him under the fear.

3.

Learned counsel for the applicants submits that the applicants are in jail since 20.02.2021 and 09.03.2021, chargesheet has been filed and no progress in the trial is taking place, therefore they may be enlarged on bail. 4.

Per contra, learned State counsel opposes the submission and submits that the

applicant - Akhilesh @ Lalla has as many as 11 past criminal antecedents and the applicant- Sanju @ Sandeep has as many as 6 past criminal antecedents under different sections of IPC, therefore they may not be enlarged on bail. 5.

Considering the fact that in the past also, offences of the similar nature are to the credit of the the applicants under the different sections of the IPC, therefore, considering the past record of the applicants, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of Cr.P.C. stands rejected. 6.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Vishakha