Allowed

Uttam Yadav @ Uttam Kumar Yadav @Bhola v. State of Chhattisgarh

Chhattisgarh HC28 Oct 2021MCRC/7985/2021

Case brief

AI extract

What is this about?

This order allows the first bail application filed under Section 439 CrPC. The High Court granted regular bail to the applicant charged with criminal trespass for theft and the recovery of diesel, subject to a personal bond of Rs. 10,000 and two sureties, along with specific undertaking conditions regarding trial conduct and cooperation with prosecution.

What did the court decide?

Application allowed; applicant released on regular bail on furnishing a personal bond of Rs. 10,000 with two sureties and complying with specified conditions.

Uttam Yadav @ Uttam Kumar Yadav @Bhola Vs State of… — Bail and Remand | Chhattisgarh HC (2021)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

MCRC No.7985 of 2021

¶4

Uttam Yadav @ Uttam Kumar Yadav @ Bhola, S/o Bhujbal Yadav, Aged About 32 Years, R/o Village Bagdabari, Police Station Baloda, District- Janjgir-Champa, Chhattisgarh

¶5

---- Applicant

¶6

Versus

¶7

State Of Chhattisgarh, Through The Station House Officer, Police Station Kusmunda, District- Korba, Chhattisgarh

¶8

---- Respondent

¶9

For Applicant Mr. V. K. Sahu, Advocate For Respondent Ms. Seema Dixit, PL

¶10

Hon'ble Justice Shri Deepak Kumar Tiwari

¶11

Order On Board

¶12

28/10/2021

¶13

The applicant has preferred this first bail application under Section 439 of CrPC for grant of bail, as he is arrested in connection with Crime No.33/2021, registered at Police Station Kusmunda, District Korba for the offence punishable under Section 41 (1-4) of CrPC and Section 379 of IPC.

¶14

The case of the prosecution in brief is that on 21.09.2021, the Police of Police Station Kusmunda received the information and on the basis of the said information, the Police stopped the vehicle of the applicant and recovered total 280 lites of diesel from the possession of the applicant and other coaccused persons, thereby he committed the said offence.

¶15

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. He further submits that there is no likelihood of the applicant in tampering with the evidence or his absconding. The applicant is in jail since 21.09.2021 and the trial is likely to take some time, therefore, the applicant may be released on bail.

¶16

On the other hand, learned State counsel opposes the bail application.

¶17

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

¶18

Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, the offence is trialable by the JMFC, applicant is in jail since 21.09.2021 and the trial is likely to take some more time, this Court finds fit to release the applicant on regular bail.

¶19

Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of ₹ 10,000 /- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, subject to following conditions:

¶20

(I) The applicant shall furnish coloured passport size photograph and also a copy of the Aadhar Card before the Trial Court, which shall be verified from its original by the trial Court, at the time of bail.

¶21

(II) The applicant shall furnish a specific undertaking that while on bail, he will not commit any offence of the same nature, otherwise bail granted to him shall be liable to be cancelled and shall cooperate the prosecution during trial.

¶22

(III) The accused/applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required and the accused/ applicant 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/her from disclosing such facts to the Court or to any police officer.

¶23

(IV) The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

¶24

Sd/Deepak Kumar Tiwari Judge

¶25

Nirala

Uttam Yadav @ Uttam Kumar Yadav @Bhola v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Uttam Yadav @ Uttam Kumar Yadav @Bhola v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ankur Dewangan Vs Amarjeet Patel

Anuj Gupta Vs State of Chhattisgarh

Durgesh @ Nanu Tamrakar Vs State of Chhattisgarh

Ravi Kumar Vs State of Chhattisgarh

Suresh Asrani Vs State of Chhattisgarh

Anil Shukla Vs State of Chhattisgarh