Manish Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6594 of 2018 • Gulshan Sahu S/o Shri Budhram Sahu Aged About 19 Years R/o Shyampur, Kampa, P. S. Khamhariya, District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Saraswati Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant MCRC No. 6869 of 2018 • Manish Yadav S/o Suresh Yadav Aged About 23 Years R/o Gram Chilga Police Station Muffsil District Giridih Jharkhand, District : Giridih, Jharkhand ----Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Saraswati Nagar District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant MCRC No. 7680 of 2018 • Ranjay Kumar Yadav S/o Laxman Yadav Aged About 20 Years R/o VillageAkdonikala, Police Station- Mufsin, District- Giridih Jharkhand., District : Giridih, Jharkhand ---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station- Saraswati Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicants : Shri N.Naha Roy, Shri Ravi Ranjan Sinha, Shri L.K. Mishra, Advocates.

For Non-applicants : Shri Ashok Swarnkar, Panel Lawyer

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30.10.2018 1.

Since these three bail petitions are arising out of same crime No. they are being disposed off by this common order. 2.

These are first bail applications under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court. 3.

Perused the case diary provided by the learned counsel for the State in connection with crime No. 63/2018 registered at Police StationSaraswati Nagar, Raipur (C.G.) for the offence punishable under Sections 380, 457, 34 of the Indian Penal Code.

4.

Case of the prosecution, in brief is that in the intervening night of 23.04.2018 and 24.04.2018 from the house of the complainant Amit Agrawal situated at Choube Colony, Raipur some unknown person/persons after braking Almirah, showcase stolen gold jewelery, diamond jewelery, locker and Rs. 20,00,000/- cash. From applicant Gulshan Sahu one locker, Rs. 10,000/- have been seized. On the memorandum of the applicant Manish Yadav Rs. 1,50,000/-, income tax return of Bajrang Agrawal and Radheshyam Agrawal have been seized. On the memorandum of applicant Ranjay Kumar Yadav Rs. 48,000/- have been seized from him.

5.

Learned counsel for the applicants submit that the applicants have no criminal background. They are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail. 6.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the

applicants.

7.

Looking to these facts and circumstances of the case, bail application of applicants Gulshan Sahu and Manish Yadav are rejected. However, bail application of applicant Ranjay Kumar Yadav is allowed. 8.

It is directed that if the applicant Ranjay Kumar Yadav furnishes two solvent sureties for a sum of Rs.50,000/- each along with a personal bond of Rs. 1,00,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail. 9.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore