Jittu @ Narendra Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6775 of 2019 • Jittu @ Narendra Yadav, S/o Anuj Yadav, Aged About 23 Years, R/o Village Pathariya, Police Station Pathariya, District Mungeli (C.G.). ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Nandghat, District Bemetara (C.G.).

---- Respondent For Applicant : Shri B.M. Roy, Adv.

For Respondent/State : Shri V. K. Agrawal, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10.12.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 275/2019 registered at Police Station Nandghat, District Bemetara (C.G.) for the offence punishable under Sections 457, 380, 411 of I.P.C.

2. The prosecution story, in brief is that, the complainant has lodged a report to the concerned police station Nandghat alleging that some unknown persons have theft the domestic articles from the shop of the complainant. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and nothing has been seized from the possession of the applicant except the vehicle. The applicant is in jail since 25.09.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that nothing has been seized from the possession of the applicant except vehicle. The applicant is in jail since 25.09.2019 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.

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

Sd/- (Rajani Dubey) Judge Ruchi