Pawan Yadav @ Sawan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7777 of 2019 • Pawan Yadav @ Sawan Yadav S/o Shanker Lal Aged About 27 Years R/o Pamgarh, Janjgir - Champa, At Present Bangalipara, Sarkanda, District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Hirri ( Wrongly Written As Takhatpur ), District - Bilaspur Chhattisgarh.

---- Respondent For Applicant : Ms. S. Durga Sarni, Advocate For Respondent/State : Shri B.L.Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 21/01/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 208/2017 registered at police station Hirri, district Bilaspur (CG) for the offence punishable under Sections 394,34,120-B,201 and 365 IPC.

As per prosecution case, report was lodged by complainant that on the date of incident, when he was returning home from Bilaspur to Limtara, on the way, the applicant along with other co-accused who were on the motor cycle, had looted him of his Laptop and cash of Rs. 40,000/-.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. She further submits that the complainant has not supported the prosecution case. Lastly, he submits that the applicant is in jail since 21.03.2018 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna