Ramesh Yadav v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5268 of 2019 • Ramesh Yadav S/o Budga Yadav, Aged About 42 Years, Caste Yadav, R/o Village Dhardei, Police Station Shivrinarayan, District- JanjgirChampa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh through the Police of Police Station Pachpedi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ----Non-applicant For Applicant - Shri Govind Dewangan, Advocate. For Non-applicant/State - Shri Kapil Maini, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01-10-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 21-07-2019 in connection with Crime No.78/2019 registered at P.S. - Pachpedi, District- Bilaspur, Chhattisgarh for the offence under Section 379 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 21-07-2019. He has not committed any offence. Charge sheet has been filed after completion of the investigation. Therefore, it is prayed that he may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

The FIR has been lodged by Vishram Sahu stating that his 12 numbers of cattle were stolen by some unknown person. During investigation at the instance of co-accused cattle has been recovered and seized. Name of this applicant has appeared in the memorandum statement of the co-accused, therefore, he has been arrayed as accused in this case.

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Considering that the applicant has not given any memorandum statement, neither the seizure has been made on the statement given by him, therefore, I feel inclined to allow this application. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby 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/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil