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High Court Of ChhattisgarhMCRC/4383/2020allowed

Neeraj Yadav v. State Of Chhattisgarh

2020-08-18Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4383 of 2020 • Neeraj Yadav, S/o Dhansai Yadav, Aged about 22 years, R/o Jawahar Colony, Kharsiya, District Kharsiya, Raigarh Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through- the Station House Officer, Police Station Gharghodha, District Raigarh Chhattisgarh. ---- Respondent For Applicant.

:

Mr. Shailendra Dubey, Advocate.

For Respondent/State :

Ms. Sunita Jain G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18.08.2020

1. The applicant has filed this first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 98/2020 registered at Police Station Gharghodha, District Raigarh (C.G.) for the offence punishable under Sections 457, 506, 323, 342, 395 of the IPC.

2. The allegation against the present applicant, as per the prosecution case is that he along with other co-accused persons has committed theft of 1,500 meter copper wire, CCTV system, computer, LED TV from the store room of New Modern Technomate Pvt. Ltd. company and, furthermore, he along with co-accused person looted Rs.

17,00,000/- after making hostages of the guards. Based on that, after investigation, offence has been registered and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question because he was not involved in any such incident. He next submits that he has been arrested only on the ground that he was driving the said vehicle from which the stolen articles was seized while he was unaware of the articles. He also added that, the applicant is in jail since 08.06.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel strongly opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as applicant is in jail since 08.06.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/-

with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu