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High Court Of ChhattisgarhMCRC/4206/2016allowed

Suraj Yadav v. State Of Chhattisgarh

2016-08-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4206 of 2016 Suraj Yadav S/o Vijay Yadav Aged About 21 Years R/o Bus Stand Arjunda Police Station Arjunda, District Balod Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Basantpur, District Rajnandgaon Chhattisgarh.

---- Respondent For applicant - Shri Aditya Bharadwaj, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 29/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.38/2016 registered in Police Station Basantpur, District Rajnandgaon (C.G.) for offence punishable under sections 457, 380, 34 of IPC.

2.

As per the prosecution case, in the night of 27/01/2016 the applicant alongwith co-accused entered into the house of one Feruram Verma and committed theft of gold and silver ornaments, one laptop and 15 sarees. Subsequently, applicant was arrested and from his possession on the memorandum of the co-accused goods were recovered. 3.

Learned counsel for the applicant submits that the seizure witnesses namely Laxminarayan Sahu and Tileshwari Sahu have been examined, they have not supported the case of the prosecution. He submits that the applicant has been falsely implicated in the case and he is in jail since 25/02/2016. Therefore, taking into such facts, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering such facts and circumstances of the case and the

applicant is in jail since 25/02/2016, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri