Yogesh Kumar Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7358 of 2016 Yogesh Kumar Verma, S/o. Motilal Verma, Aged About 23 Years, CasteLodhi, R/o. Village Hathkhoj, Police Station- Durg, Tahsil & District- Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station- Pulgaon, District- Durg, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Smt. Kiran Jain, Advocate For Respondent :

Shri Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 24.11.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.367/2016 registered at Police Station- Pulgaon, District Durg (C.G.) for the offence punishable under Section 392, 395 & 411 of Indian Penal Code. 2.

As per the prosecution case, a report was made by the complainant Shivanand Singh that in the night of 19.07.2016 the applicant along with other co-accused persons was taking out diesel from Truck after breaking the lock of Truck and having objected on the point of Knife, diesel was taken away worth Rs.15,000/- and the applicant fled away from the spot.

3.

Learned counsel for the applicant would submit that the evidence collected by the prosecution would show that the applicant was not directly involved in this case and from the applicant, an amount of Rs.2000/- has been recovered. She further submits that the charge

sheet has been filed and no further investigation is necessary, therefore, the applicant may be released on bail. 4.

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

5.

Perused the case diary and the documents. Considering the facts & circumstances of the case and the degree of allegation and further considering the fact that the charge sheet has been filed and the applicant is in jail since 04.08.2016, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok