Bhai Lal Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6546 of 2016 Sonu @ Sumit Sahu S/o Raj Kumar Sahu Aged About 27 Years R/o Adiwasi Colony, Kushalpur, Police Station Purani Basti Raipur, District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Purani Basti Raipur, District Raipur Chhattisgarh ---- Respondent And MCRC No. 6570 of 2016 Bhai Lal Yadav S/o Bhokalu Yadav, Aged About 22 Years R/o Bazar Chowk, Tulsi Nagar, Kushalpur, Post Office Raipur, Police Station Purani Basti, Raipur, Tahsil & District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Purani Basti, District Raipur, Chhattisgarh. ---- Respondent For applicants - Smt. Ranjana Jaiswal and Shri Shivendu Pandya, Advocate.

For Respondent/State - Shri Wasim Miyan, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 24/10/2016 1.

Both these bail applications are decided by this common order as they are arising out of the same crime number. 2.

The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No.316/2015 registered in Police Station Purani Basti Raipur, District Raipur (C.G.) for offence punishable under sections 457, 380/34 of IPC. 3.

As per the prosecution case, a report was made by Digeshvar Vaishnav on 15/11/2015 that on 11/11/2015 he went out of his house and when he came back, he saw that main door lock was broken and LED TV,

DVD and cash of Rs.10,000/- was stolen. Subsequently, applicant and other co-accused were arrested and on memorandum from the applicants cash was recovered.

4.

Learned counsel for the applicants submits that no LED or DVD were recovered from the applicants, DVD was recovered from Keshav Yadav and only amount of Rs.150/- and Rs.125/- respectively were recovered from the applicants. They submit that the applicants have been falsely implicated and no evidence is available against the applicants, charge sheet has been filed, therefore the applicants may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

Considering the facts and circumstances of the case, nature of evidence available and charge sheet has been filed, this court is inclined to release the applicants on bail.

7.

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

Sd/- (Goutam Bhaduri) JUDGE gouri