Devraj Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7965 of 2019 • Devraj Yadav S/o. Haribandhu Yadav, Aged About 18 Years R/o. Telibandha, P.S. Telibandha, Tehsil And District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Telibandha, Tehsil And District Raipur Chhattisgarh, ---- Respondent For Applicant :

Shri Animesh Tiwari, Advocate For Respondent :

Shri B.L. Sahu, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 27/01/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.251/2019, registered at Police Station - Telibandha, District Raipur (C.G.) for the offence punishable under Sections 394, 34 IPC.

2.

The prosecution story, in brief, is that on 15.08.2019 at about 1.30 am, the present applicant along with two other accused persons, after giving lift to the complainant, looted his mobile and cash near Jainam Colony, Raipur. During investigation and on tip-off, the accused/applicant was arrested. Offence has been registered against him and he has been taken into custody on 17.08.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits on the memorandum of the applicant only mobile has been seized. He also submits that the applicant is in custody since 17.08.2019, he has no criminal antecedent,

charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

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

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 17.08.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde