Allowed

Onkar Yadav v. State of Chhattisgarh

Chhattisgarh HC16 Jul 2018MCRC/3950/2018

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed bail application under Section 439 of Cr.P.C. filed by Onkar Yadav. Court inclined to release applicant without commenting on merit due to custodial detention since arrest, filed charge-sheet, and anticipated delay in trial. Applicant to execute bond for Rs. 20,000/- with one surety.

What did the court decide?

Bail allowed on execution of personal bond for Rs. 20,000/- with one surety for like amount. Applicant directed to appear before Trial Court on all dates.

Onkar Yadav Vs State of Chhattisgarh — Corruption | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3950 of 2018

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Onkar Yadav S/o Late Ansari Ram Yadav Aged About 39 Years Caste Mahkul, R/o Village Dhodhagaon, Police Station Sitapur, Civil And Revenue District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

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---- Applicant Versus

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State Of Chhattisgarh Through Station House Officer Police Station Farsabahar, District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh

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---- Respondent

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For Applicant : Shri Arun Kumar Shukla, Advocate. For Respondent/State : Shri Arvind Shukla, Panel Lawyer.

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Hon'ble Shri Justice Arvind Singh Chandel Order On Board

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16/07/2018

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The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 14/2018, registered at Police Station Farsabahar District Jashpur (C.G.), for the offence punishable under Section 489 (B), (C) and R/w Section 34 of the IPC.

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As per prosecution story, it is alleged that on 22.02.2018, information was received by Farsabahar Police that two persons have got fake currency notes and they were trying to circulate fake currency notes in market as genuine currency. On receiving the said information, raid was conducted, the applicant and other co-accused was arrested. From the possession of present applicant fake currency notes amounting to Rs. 38,000/- were seized.

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Learned counsel appearing on behalf of the applicant submits

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that the applicant is innocent and has been falsely implicated in the present case. As per prosecution story prima facie no offence punishable under Section 498 (B) is made out against the applicant. He further submits that the applicant is in jail since 2208-2018 and charge-sheet has already been filed, therefore, he may be released on bail.

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Per contra, learned counsel appearing on behalf of State opposes the bail application.

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

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Considering the above facts and circumstances of the case, particularly considering the fact that the applicant is in custody since 22-02-2018, the charge-sheet has already been filed and trial will likely to take some time to conclude, therefore, without further commenting on merit of the case, I am inclined to release the applicant on bail.

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Accordingly, the bail application is allowed.

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It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court.

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Sd/-

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(Arvind Singh Chandel)

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Judge

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Shubham

Onkar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Onkar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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