Maheshwar @ Rohi Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 6688 of 2015 • Maheshwar @ Rohi Yadav S/o Amrika Aged About 33 Years R/o Khajridhab, Police Chowki Kotba, Police Station Bagbahar, Tahsil Patthalgaon, Distt. Jashpur, Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Bagbahar, Distt. Jashpur, Chhattisgarh.

--- Respondent No 07.12.2015 Mr. Harish Khutiya, counsel for the Applicant. Ms. Sunita Jain, P.L., for the State.

This is an application u/s 439 Cr.P.C., seeking grant of bail to the applicant in connection with Crime No.149/2014 registered at P.S. Bagbahar, District Jashpur (C.G) for the offences punishable u/s 394, 307/34, 120-B of IPC.

As per the prosecution case, a report was lodged by one Ankit Agrawal that when his father Motilal Agrawal alongwith his servant namely Puran yadav were coming on Motorcycle towards Korba, at that time, near Rechuwa Ghat, three persons came on motorcycle and stopped his father and looted Rs.98,000/- and thereafter assaulted them, as such, the offence is committed.

Learned counsel for the applicant submits that the main victim Motilal Agrawal has been examined and by reading of the statement of Motolal Agrawal, it appears that his statement does not support the case of prosecution, consequently the applicant may be enlarged on bail.

Per contra, learned State Counsel opposes the bail application.

As per the statement of co-accused Poonam Ram,

out of the amount which was looted, Rs.98000/- was given to this applicant and from this applicant Rs.96,600/- was recovered by the police.

Considering the recovery of amount from this applicant, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao