Sonu Yadav @ Trinath v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7907 of 2018 • Sonu Yadav @ Trinath S/o Shri Gurbaru Yadav Aged About 23 Years R/o Village - Amlitikara, Premnagar, Tahsil - Dharmjaygarh, District - Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Pathalgaon, Jashpur, District - Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Non-applicant For Applicant : Mr. A.K. Mishra, Advocate.

For Non-applicant : Mr. S.K. Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.12.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with crime No. 165/2018 registered at Police Station - Pathalgaon, Jashpur, District - Jashpur, (C.G.) for the offence punishable under Section 394 of the Indian Penal Code.

3.

Case of the prosecution, in brief is that complainants Santosh Kumar, Ravi Shankar, Mohar Sai were going towards Raigarh Road by motorcycle. On the way four persons stepped down from the car who had covered their face by cloth. They beat the complainants and robbed one mobile of Micromax company from the complainant Santosh Kumar, one mobile, Rs. 12,000/- cash, one bag from the complainant Ravi Shankar, one mobile of Samsung company, Rs. 10500/- from complainant Moharsai and fled away.

4.

Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application and submits that one criminal case u/s 359 IPC has been registered against the applicant.

6.

On the memorandum of applicant two mobile, 2 notes of denomination Rs. 500 were seized from him.

7.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that 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.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore