Pawan Yadu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4741 of 2017 Pawan Yadu, S/o. Shri Sitaram Yadu, Aged About 26 Years, R/o. Village Jamghat, Police Station Berla, District Bemetara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Dharsiwa, Revenue & Civil District Raipur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Shivendu Pandya, Advocate For Respondent :

Mr. S.K.Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 23.11.2017 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 in connection with Crime No.47/2017 registered at Police Station- Dharsiwa, District Raipur (C.G.) for the offence punishable under Section 353, 458, 459, 417, 419, 467, 468, 471, 120B, 332, 201 of I.P.C.

2.

As per the prosecution case, on 03.02.2017, the applicant alongwith other co-accused tried to commit theft in the Allahabad Bank Dharsiwa and when the police reached there, they attacked the police and one of the accused fled away.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated and there is no evidence against the applicant; therefore, he may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of Vishwanath & Jitendra Soni, who were attacked by the present applicant and other co-accused. Considering the statement and the case diary, I am not inclined to release the applicant on bail.

6.

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

Sd/- (Goutam Bhaduri) Judge Ashok