Raju Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5153 of 2016 • Raju Yadav S/o Akalharam Yadav Aged About 36 Years R/o Old Bazar, Dallirajhara, Distt. Balod Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through, Station House Officer, Police Station - Antagarh, Distt. Kanker Chhattisgarh ---- Respondent For Applicant :

Mr. Awadh Tripathi, Advocate For Respondent :

Mr. Neeraj Kumar Sharma, Dy. Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/09/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 24/12/2015 in connection with Crime No. 70/2015 registered at Police StationAntagarh, Distt. Kanker (C.G.) for the offence punishable under Sections 394, 120-B of IPC.

2.

As per the prosecution case, on 21/12/2015, the complainant and Oman went to purchase the coins and when they reached at village Kalgaon in the house of one Digpal, two persons were called and they have beaten the complainant and Oman and lotted Rs. 42,000/- and mobile phones. Consequently, a report was made against Digpal and others and on the memorandum of Digpal, recovery was made of Rs. 7,000/- from the possession of Raju.

3.

Learned State Counsel opposes the bail application and submitted that the bail application of other co-accused has already been rejected by the co-ordinate bench of this High Court on 20/04/2016 in M.Cr.C. No. 2049/2016. 4.

Perused the documents and the evidence of the witnesses. 5.

Considering the facts and circumstances of the case and particularly considering that the bail application of another co-accused has already been rejected by this High

Court on 20/04/2016 in M.Cr.C. No. 2049/2016, I am not inclined to allow the present bail application.

6.

Accordingly, the bail application is rejected. Sd/- (Goutam Bhaduri) Judge Rahul