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High Court Of ChhattisgarhMCRC/6146/2019allowed

Anil Yadav v. State Of Chhattisgarh

2019-11-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6146 of 2019 • Anil Yadav S/o Maruti Yadav Aged About 26 Years R/o Amakunwa Chowk, Purena, Police Station Purani Bhilai, District Durg Chhattisgarh.

---Applicant

Versus

• State Of Chhattisgarh Through - District Magistrate, Durg, District Durg Chhattisgarh.

---- Respondent For Applicant :

Mr. Purendra Khichariya, Adv.

For Respondent :

Mr. B.L. Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 22/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 241/2019 registered at Police Station - Purani Bhilai, District Durg (C.G.) for the offence punishable under Section 379 of IPC.

• The prosecution story in brief is that, the complainant Nityanand Tiwari has filed a complaint to the concern Police Station against unknown person alleging that, someone has stolen 24 bundles of iron rod which were kept in front of his shop. On that basis, offence has been registered against the applicant and he was arrested on 13.05.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that applicant is ready to furnish adequate security & shall abide by all the directions & conditions which may be imposed by this Court while granting bail. Applicant

is in jail since 13.05.2019, therefore, the present applicant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the applicant is in jail since 13.05.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu