Ajay Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.5540 of 2018 Ajay Yadav, S/o Jeevan Lal Yadav, aged about 28 years, R/o Gongadih, P.S. Kota, District Bilaspur, Chhattisgarh ---- Applicant versus State of Chhattisgarh through the Station House Officer, Police Station Kota, District Bilaspur, Chhattisgarh ---- Respondent For Applicant : Shri Jitendra Shrivastava, Advocate For Respondent : Shri Neeraj K. Sharma, Dy.Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 27.8.2018 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been arrested in connection with Crime No.60 of 2018 registered at Police Station Kota, District Bilaspur for offence punishable under Sections 420, 409, 467, 468, 120B, 120B/34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act.
2.
It is alleged that the present Applicant along with other co-accused committed fraud in the public distribution system. They obtained ration from the fair price shop in the names of dead persons as well as in the names of persons who have already left the village for earning livelihood. It is further alleged that they started black marketing of the essential commodities which are purely meant for public distribution system. On the basis of the report made by the
Food Inspector, police has registered the offence and the present Applicant has been taken into custody on 26.6.2018. 3.
Learned Counsel appearing for the Applicant submits that the Applicant is innocent. He has been falsely implicated in the case only on the basis that he is brother of main accused Sarpanch Sitaram. Even the First Information Report does not reflect the name of the Applicant. He further submits that allegedly Sarpanch Sitaram and Secretary Harprasad Bhaskar are the persons who are responsible for running the said fair price shop. Sitaram and other co-accused Suresh have already been granted bail by the Judicial Magistrate First Class. There is nothing on record on the basis of which the present Applicant could be implicated in the case. He is in custody since 26.6.2018. Charge-sheet has already been filed. Therefore, he may be released on bail. 4.
Learned Counsel appearing for the State opposes the prayer for bail.
5.
I have heard Learned Counsel appearing for the parties and perused the entire case diary with due care.
6.
Considering the entire facts and circumstances of the case and the evidence collected by the prosecution, further considering that main accused Sitaram and other co-accused Suresh have already been granted bail by the Judicial Magistrate First Class, chargesheet has already been filed and trial will take time, I am inclined to enlarge the Applicant on bail.
7.
Accordingly, the bail application is allowed.
8.
It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- with one solvent surety of the like sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.
Sd/- (Arvind Singh Chandel) JUDGE Gopal