Vikash Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8175 of 2019 • Vikash Yadav S/o Shri Jalandhar Yadav Aged About 20 Years R/o Village Bhanpuri, Raipur, Tahsil And District Raipur, Chhattisgarh. --- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, Civil And Revenue District Bemetara, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Mr. Dheerendra Kumar Shukla, Advocate For Respondent/State : Mr. Vaibhav K. Agrawal, PL -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 10.02.2020 1.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 486/2019, registered at Police Station Bemetara, Civil and Revenue District Bemetara (CG) for the offence punishable under Section 379/34 of the IPC.

2. The allegation against the present applicant is that, on 05.09.2019 he with co-accused persons has looted a motorcycle from the complainant. Based on that, offence has been registered against the applicant and was arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Applicant is in jail since 18.09.2019 and he is ready to furnish adequate surety and shall abide by all the directions

and conditions which may imposed by this Court, the present applicant may be released on bail.

4. Per contra, State counsel strongly opposes the bail application and submits that there are three previous antecedents registered against the applicant, therefore, he may not be granted bail.

5. I have heard learned counsel for the parties.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, as 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 said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) JUDGE Vijay Sahu