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High Court Of ChhattisgarhMCRC/8779/2020allowed

Rupesh Yadav @ Harsh @ Bhajji v. State Of Chhattisgarh

2021-03-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8779 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8779 of 2020 • Rupesh Yadav @ Harsh @ Bhajji S/o Late Jugal Kishore Yadav Aged About 19 Years Resident Of Damadpara Urla Durg, District Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer, Police Station Mohan Nagar, District Durg, Chhattisgarh ---- Respondent For Applicant :- Mr. Avinash Chand Sahu, Advocate For Respondent-State :- Mr. Anmol Sharma, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/03/2021

1. Heard.

2. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.302/2020, registered at Police Station Mohan Nagar, District Durg C.G. for the offence punishable under Section 394 of the I.P.C. and Section 25 of the Arms Act.

3. As per the prosecution case, applicant has committed loot of 10 sarees and cash of ₹1000/- and also caused injuries by

MCRC No. 8779 of 2020 means of knife to complainant Sanjay Singh on 28.9.2020.

4. Learned State counsel would oppose the prayer for grant of bail. However, he would submit that the concerned SHO has not reported any previous antecedent of the applicant of his involvement in committing similar nature of crime.

5. Considering the fact that the applicant is in jail since 28.9.2020 i.e., for more than 5 months as also for the fact that the offences are triable by JMFC; charge-sheet has already been filed and the applicant has no previous antecedent, I am inclined to release him on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi