High Court Of ChhattisgarhMCRC/6447/2020allowed

Yunus Ali @ Chhotu v. State Of Chhattisgarh

2020-10-27Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6447 of 2020 • Yunus Ali @ Chhotu S/o Yusuf Ali Aged About 26 Years R/o Ganesh Nagar Chuchuhiyapara Police Station Sirgitti, Bilaspur District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Civil Line, District- Bilaspur Chhattisgarh.

---- Respondent ___________________________________________________________________ For Applicant :

Mr. P.K. Tulsyan, Advocate.

For State :

Mr. Dinesh R.K. Tiwari, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/10/2020 Heard.

1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.411/2019 registered at Police Station- Civil Line, District- Bilaspur, C.G. for the alleged commission of offence under Section 380/34 of IPC.

2. Prosecution case is that the applicant involved in theft of mobile, cash and other articles of value of Rs.14,000/-.

3. Learned counsel for the applicant submits that applicant is not involved in the alleged commission of offence and even according to the memorandum of main co-accused, when he was going to commit offence, he has simply taken the applicant along with him and no seizure has taken place.

4. On the other hand, learned State Counsel opposes and submits that the applicant is equally involved in the alleged commission of offence with coaccused. It is also submitted that against the applicant one more criminal case is already registered which shows that he is habitual offender.

5. Taking into consideration the submissions of learned counsel for the parties, particularly taking into consideration the nature of allegation and also the amount involved in the alleged commission of offence, charge sheet has been filed and that the applicant is in jail since 01.10.2019, 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