Mukesh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6269 of 2020 • Mukesh Yadav S/o Shiv Prasad Yadav Aged About 21 Years R/o Kosamnara Tah And District Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station- Kotararoad, District (Revenue And Civil)- Raigarh, Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant :

Mr. Vineet Kumar Pandey, Advocate.

For State :

Mr. Ravish Verma, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/10/2020 Heard.

1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.150/2020 registered at Police Station- Kotararoad, District (Revenue And Civil)- Raigarh, C.G. for the alleged commission of offence under Sections 457, 380 & 34 of IPC.

2. Prosecution case is that the applicant and co-accused committed theft of fridge and other article including furniture.

3. Learned counsel for the applicant would submit that he has been falsely implicated in the case and false seizure has been made. He has not committed any such offence. His next submission is that investigation is complete, charge sheet has been filed and the applicant is in jail since 11.08.2020, therefore, at this stage, the applicant may be granted bail.

4. On the other hand, learned State Counsel opposes and submits that prima facie a case is made out as from the possession of the applicant, four chairs have been seized which makes out a case of theft.

5. Taking into consideration the submissions of learned counsel for the parties,

particularly taking into consideration the nature of allegation and value of the article allegedly seized from the possession of the applicant and that investigation is complete, charge sheet has been filed and the applicant is in jail since 11.08.2020, at this stage, I am inclined to grant bail to the applicant.

6. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety of the like amount to the satisfaction of the Trial Court on the condition thata) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not in any manner, tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Ravi