Dismissed

Bhavesh Kumar Kashyap v. The State of Chhattisgarh

Chhattisgarh HC20 Dec 2021MCRC/8679/2021

Case brief

AI extract

What is this about?

The applicant sought bail under Section 439 CrPC for offences punishable under Sections 457, 380, and 34 IPC, alleging prior bail grants in coordinate cases. The Court dismissed bail due to applicant's involvement in multiple theft cases but directed expediting the trial to conclude within one year.

What did the court decide?

Bail application dismissed; Trial Court directed to expedite the trial and conclude within one year.

Bhavesh Kumar Kashyap Vs The 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. 8679 of 2021

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Bhavesh Kumar Kashyap S/o Shri Narendra Kumar Kashyap Aged About 25 Years R/o Village Aamgaon, Thana Sihawa, Tahsil Nagari, District Dhamtari Chhattisgarh.

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---- Applicant

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Versus

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The State Of Chhattisgarh Through The Station House Officer, Police Station Narharpur , District North Baster Kanker Chhattisgarh.

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---- Non-applicant

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For Applicant : Shri Sunil Sahu, Advocate.

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For Non-applicant : Ms. Anjali Singh Chouhan, Panel Lawyer

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order On Board

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20.12.2021

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The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in jail since 01.10.2021 in connection with Crime No. 74/2021 registered at Police Station Narharpur, District – North Baster Kanker (C.G.) for the offence punishable under Sections 457, 380, 34 of IPC.

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Learned counsel for the applicant submits that on the basis of one memorandum five cases have been registered. In criminal cases No. 109/2021 and criminal No. 41/2021 lodged against the applicant, the coordinate Bench of this Court has already granted bail in MCRC No. 8688 of 2021 and MCRC No. 8700 of 2021 vide order dated 16.12.2021, therefore, prayed that the applicant may be released on bail.

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On the other hand, learned counsel for the State opposes the bail application and would submit that two vehicles bearing registration No. CG 19 BF 8136 as well as CG 05 U 8486 have been recovered from the applicant, therefore, he may not be given benefit of bail.

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

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From the perusal of the diary and the materials collected during the investigation, it is found that applicant is involved in so many cases of theft, therefore, I am not inclined to release the applicant on bail.

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The bail application filed by the applicant is liable to be dismissed and accordingly dismissed.

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Learned counsel for the applicant would submit that trial Court may be directed to expedite the trial.

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The prayer seems to be just and proper.

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Considering the fact that the case is triable by Judicial Magistrate First Class, the trial Court is directed to expedite the trial and make endeavour to conclude the trial within one year from the date of receipt of copy of this Order.

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Sd/-

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(Narendra Kumar Vyas) Judge

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kishore

Bhavesh Kumar Kashyap v. The State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bhavesh Kumar Kashyap v. The State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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