Ram Prakash Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2948 of 2019 • Ram Prakash Yadav S/o Shobhit Ram Yadav Aged About 26 Years R/o Caste Ahir Occupation Agriculture, R/o Subhashnagar Ambikapur P.S. Gandhinagar, District- Surguja, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer P.S. Patna, DistrictKoriya, Chhattisgarh ----Non Applicant For the Applicant :

Shri Nishi Kant Sinha, Advocate For Non Applicant :

Shri Vikram Dixit, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 25.06.2019

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with Crime No.42/2019 registered at Police Station- Patna , District- Koriya(C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of Indian Penal Code.

3. Case of the prosecution, in brief is that complainant Shanti Bai is resident of village Aarjukhurd. Applicant, co-accused Devendra Markam, Patoish Markam had taken the Rashan Card, Aadhar Card and thumb impression by machine from complainant Shanti Bai, Prithvi Raj Soni, Lalmani Singh. Thereafter they checked their accounts they found that Rs.25,000/- has been withdrawn from the account of complainant Shanti Bai, Rs.1000/- has been withdrawn from the account of complainant Prithvi Raj Soni, and Rs.1000/- from the account of complainant Lalmani Singh.

4. Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.

6. Counsel for the applicant further submits that one another criminal case under the Excise Act has been registered against the applicant.

7. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond of Rs.50,000/- to the satisfaction of the concerned trial Court with the condition that he will not involve in any crime in future, he will appear before the trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he be released on bail.

8. Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul