Allowed

Anubhav Yadav v. State of Chhattisgarh

Chhattisgarh HC26 Aug 2021MCRC/3491/2021

Case brief

AI extract

What is this about?

This common order disposed of multiple bail applications filed by Anubhav Yadav and Shubham Chandrakar accused of theft and housebreaking. The High Court allowed bail, directing execution of personal bonds, considering the applicants' age, prior bail grant to one accused, and trial delays due to the pandemic.

What did the court decide?

Bail granted upon execution of personal bonds and adherence to COVID-19 protocols.

Anubhav Yadav Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3489 of 2021

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Anubhav Yadav, S/o Krishna Yadav, aged about 19 Years, R/o Ward No. 05, Azad Chowk Chhuikhadan, District Rajnandgaon, Chhattisgarh.

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----Applicant

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Versus

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State of Chhattisgarh, Through the Station House Officer, Police Station Chhuikhadan, District Rajnandgaon, Chhattisgarh.

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----Non-applicant

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MCRC No. 3491 of 2021

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Anubhav Yadav, S/o Krishna Yadav, aged about 19 Years, R/o Ward No. 05, Azad Chowk, Chhuikhadan, District- Rajnandgaon, Chhattisgarh.

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----Applicant

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Versus

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State of Chhattisgarh, Through the Station House Officer, Police Station- Chhuikhadan, District- Rajnandgaon, Chhattisgarh.

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----Non-applicant

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MCRC No. 4802 of 2021

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Shubham Chandrakar, S/o Shishupal Chandrakar, aged about 22 Years, Caste Kurmi, R/o Ward No. 10, Chuikhadan, Tahsil Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Applicant

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Non-applicant

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MCRC No. 4817 of 2021

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Shubham Chandrakar, S/o Shishupal Chandrakar, aged about 22 Years, Caste Kurmi, R/o Ward No.10, Chikhadan, Tahsil,

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Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Applicant

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Versus

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State of Chhattisgarh, Through - Station House Officer, Police Station - Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Non-applicant

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MCRC No. 4832 of 2021

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Shubham Chandrakar, S/o Shishupal Chandrakar, aged about 22 Years, R/o Ward No. 10, Chuikhadan, Tahsil Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Applicant

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Non-applicant

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MCRC No. 5003 of 2021

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Shubham Chandrakar, S/o Shishupal Chandrakar, aged about 22 Years, Caste Kurmi, aged about 22 Years, R/o Ward No.10, Chuikhadan, Tahsil Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Applicant

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station Chuikhadan, District Rajnandgaon, Chhattisgarh.

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----Non-applicant

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For Applicants Shri Pramod Ramteke and Shri Abhishek Sharma, Advocates for the respective applicants.

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For State Shri Chitendra Singh, Panel Lawyer.

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Hon'ble Shri Justice Gautam Chourdiya

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Order on Board

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26/08/2021

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As all these aforesaid bail applications filed under Section 439 of

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Cr.P.C. are being disposed of by this common order.

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Applicants Crime Nos. and Police Offence under In jail since Station Sections Anubhav Yadav in Crime No. 36/2021 , 457, 380 & 461 06.02.2021 MCRC No.3489 of Police Station of Indian Penal 2021 Chhuikhadan, District Code Rajnandgaon, C.G. Shubham Chandrakar Crime No. 01/2021 , 457, 380, 34 of 06.02.2021 in MCRC No.5003 of Police Station Indian Penal 2021 Chhuikhadan, District Code Rajnandgaon, C.G. Anubhav Yadav in Crime No. 01/2021 , 457 & 380 of 06.02.2021 MCRC No.3491 of Police Station Indian Penal 2021 Chhuikhadan, District Code Rajnandgaon, C.G. Shubham Chandrakar Crime No. 36/2021 , 457, 380, 34 of 06.02.2021 in MCRC No.4802 of Police Station Indian Penal 2021 Chhuikhadan, District Code Rajnandgaon, C.G. Shubham Chandrakar Crime No. 199/2020 , 457, 380, 34 of 06.02.2021 in MCRC No.4817 of Police Station Indian Penal 2021 Chhuikhadan, District Code Rajnandgaon, C.G. Shubham Chandrakar Crime No. 317/2020 , 461 of Indian 06.02.2021 in MCRC No.4832 of Police Station Penal Code 2021 Chhuikhadan, District Rajnandgaon, C.G.

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As per the prosecution case, during the period from 23^rd August, 2020 to 2^nd February, 2021, the applicants broke open the lock of shop of complainant namely Jitendra Mahobia in Crime No.36/2021 and stole Rs.70,000/- cash; in Crime No.317/2020, the applicants

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admitted in their memorandum breaking open the lock of the shop of the complainant Pramod Mahobia as also the lock of the adjacent shop, hotel and Hanuman Temple with intent to commit theft; in Crime No.199/2020, the applicants committed theft of cash of Rs.6,000/- and cigarettes worth Rs.2,800/- from the shop of the complainant Kedar Singh Rajput and in Crime No.01/2021, the applicants committed theft of Rs.10,000/- from the shop of the complainant Duj Ram Sahu. During investigation, on the basis of CCTV footage installed in the shops of complainants, the present applicants were seen committing the aforesaid offence and they admitted the same in their memorandum statements.

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Learned counsel for the applicants submit that applicants are innocent persons and have been falsely implicated in this case. They submit that no offence was committed by the present applicants, charge sheet has already been filed, they are in jail since 06.02.2021 and due to COVID-19 conclusion of trial is likely to take some time. Lastly, it is submitted that in the identical case, the applicantAnubhav Yadav has already been granted regular bail by this Court in connection with offence under Sections 457, 380 & 461 of IPC vide order dated 30.07.2021 passed in MCRC No.3510 of 2021. Therefore, applicants be released on bail

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On the other hand, learned counsel for the State opposes the bail applications.

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Considering the facts and circumstances of the case, the nature of allegations against the applicants, the detention period of the

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applicants, who are 19 & 22 years old, the fact that applicantAnubhav Yadav has already been granted regular bail by this Court in MCRC No.3510 of 2021 vide order dated 30.07.2021, charge sheet has already been filed and there is no likelihood of the applicants tampering with the evidence or absconding as admitted by both the counsel and due to COVID-19 pandemic conclusion of trial may take some time, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case to release the applicants on bail. Accordingly, all the bail applications are allowed. It is directed that in the event of each of the applicants in MCRC No.3489 of 2021, MCRC No.5003 of 2021, MCRC No.3491 of 2021, MCRC No.4802 of 2021 & MCRC No.4832 of 2021 executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court and applicant in MCRC No.4817 of 2021 executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-

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(i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

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(ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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(iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

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(iv) they shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority.

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(v) they shall not involve themselves in any offence of similar nature

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in future.

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Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicants involving themselves in any offence in future.

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Sd/Gautam Chourdiya Judge

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Akhilesh

Anubhav Yadav v. State of Chhattisgarh

Case brief

What is this about?

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Anubhav Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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