High Court Of ChhattisgarhMCRC/7079/2021allowed

Rahul Yadav v. State Of Chhattisgarh

2021-10-26Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7079 of 2021 • Rahul Yadav S/o Vikram Yadav Aged About 20 Years R/o Old Gurudwara, Motitalab Para Jagdalpur, District - Bastar, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Darbha, District - Bastar, Chhattisgarh.

---- Respondent MCRC No. 7873 of 2021 • Tarun Dhruv @ Gappi S/o Sunil Dhruv, Aged About 21 Years R/o Maharani Ward Jagdalpur, District Bastar Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Darbha, District Bastar Chhattisgarh. ---- Respondent For Applicants :

Mr. P.K. Tulsyan & Mr. Navin Shukla, Adv.

For Respondent :

Mr. Ravi Maheshwari, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 26.10.2021

1. The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 45/2020 registered at Police Station - Darbha, District Bastar (C.G.) for the offence punishable under Sections 392, 484 of the IPC and Section 25 & 27 of Arms Act.

2. As per the prosecution case the allegation against the present applicants is that the applicants along with another co-accused person looted one motorcycle, cell phone and the purse of the complainant by showing him sword. After

investigation, applicants have been arrested and the aforesaid offence have been registered against them.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that applicant Rahul Yadav is in jail since 05.11.2020 and Tarun Dhruv @ Gappi is in jail since 06.11.2021 and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the applicants may be granted bail.

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

5. I have heard learned counsel for the parties.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail applications are allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge V/-