Shankar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6267 of 2018 Shankar Yadav S/o Narayan Yadav Aged About 23 Years Caste- Mahkul, R/o- Village- Bangaon, P.S.- Bagbahar, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationKansbel, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh. ---- Respondent For the Applicant :

Shri Awadh Tripathi, Advocate.

For the Respondent/State :

Shri Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

06.10.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.21 of 2018, registered at Police Station - Kansabel, District Jashpur, Chhattisgarh for the offence punishable under Section 394 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 6.8.2018 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that there is presence of sufficient evidence on record against the applicant. Hence, no case is made out for grant of anticipatory bail to the applicant. 4.

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

The case against the applicant and the co-accused is that on the date of incident complainant - Prabhudayal took lift from the applicant on his motorcycle and while travelling he was stopped and looted of his possession of Rs.18,000/- cash by co-acussed - Chavindro. When the complainant tried to chase the co-accused person, the applicant absconded from the spot and later on, his whereabouts were also not found. Hence, this case. 6.

After due consideration of all the material present in the case-diary, I feel inclined to grant regular bail to the applicant. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing

before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi