Swastik Yadav Alias Ballu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7362 of 2021 • Swastik Yadav Alias Ballu S/o Bunty Yadav Aged About 21 Years R/o Santoshi Para, Puraina, Police Station New Rajendra Nagar, District Raipur Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Police Station New Rajendra Nagar, District Raipur Chhattisgarh ---- Respondent For Applicant : Shri M.P.S.Bhatia, Advocate For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 27/10/2021 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 104/2021 registered at police station New Rajendra Nagar, District Raipur (CG) for the offence punishable under Sections 394 IPC and 25 and 27 of the Arms Act. As per prosecution case, report was lodged by the complainant alleging that on the date of incident, when he was returning from the market, on the way the applicant and co-accused stopped his motorcycle and after assaulting with hands and fists, on the point of knife, looted cash of Rs. 2,000/- and mobile phone and ran away. Counsel for the applicant submits that the applicant has been
falsely implicated in the case. He submits that the applicant is in jail since 28.05.2021 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the nature of allegation and the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna