Amrit Lal Yadav @ Nanka & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5383 of 2020

1. Amrit Lal Yadav @ Nanka S/o Jyotilal Yadav aged about 25 years, R/o Tulsi Nagar, Chowki CSEB, Korba, District Korba (CG)

2. Tabaki @ Dheeraj Das, S/o Maharathi Das, aged about 23 years, R/o Padania, P.S. Kotwali, Korba, District Korba (CG) Presently R/o Manikpur Kadmahakhar Basti, Korba(CG) ---- Applicants

Versus

• State Of Chhattisgarh Through Chowki CSEB, Police Station Kotwali, Korba, District Korba (CG) ---- Respondent For Applicants :

Shri Basant Kaiwartya, Advocate For Respondent/State :

Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 2 3.9.2020

1. The matter is heard through video conferencing.

2. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.559/2020, registered at Police Station -Chowki, CSEB, Police Station Kotwali, District Korba(C.G.) for the offence punishable under Sections 457, 380, 411 r/w 34 of the IPC.

3. It is the case of the prosecution that a crime was registered against the present applicants and other co-accused persons at Chowki CSEB Korba under the aforementioned sections of IPC.

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question. He submits that the co-accused persons have been released on bail by this Court in MCRC 5262/2020 and other connected matters. He submits that the applicants are in jail since 16.7.2020 and the trial is likely to take some time for its final disposal, therefore, they may be released on bail.

5. On the other hand, counsel for the State opposes the bail applications.

6. Considering the facts and circumstances of the case, in particular, the nature of allegations against the applicants and the detention period of the applicants and the co-accused persons have been released on bail, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

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

8. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.,1,00,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial

9. Certified copy, as per rules. Sd/ (Rajani Dubey) Judge sunita