Allowed

Raja Yadav @ Bhakur @ Gudda v. State of Chhattisgarh

Chhattisgarh HC19 Jul 2022MCRC/2360/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application under Section 439 CrPC filed by an accused attempting robbery of cables. Considering the gravity of the offence but noting the bail of co-accused and the delay in trial, the court directed release on personal bond with a surety.

What did the court decide?

Application allowed; applicant directed to be released on bail on executing a personal bond of Rs. 50,000 with one local surety.

Raja Yadav @ Bhakur @ Gudda Vs State of Chhattisgarh — Property and Title | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2360 of 2022

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Raja Yadav @ Bhakur @ Gudda S/o Puranchand Yadav, Aged About 27 Years R/o Village Tripureshwarpur (Dagmala), Police Station And Tahsil Ramanujnagar, District Surajpur, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through: The Police Station Surajpur, District Surajpur, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Vinod Kumar Tekam, Adv. For Respondent/State : Mr. Ali Asgar, Dy. A.G.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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19/07 /2022

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Heard.

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The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 357/2020 registered at Police Station- Surajpur, District – Surajpur (C.G.) for the offence punishable under Section 395 of the IPC.

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The prosecution story, in brief, is that on 31.08.2020, at about 01:30 am, the present applicants along with other persons, after entering into the SECL underground mines, have snatched mobile phone of Surendra Pathak (CDS Operator) and Shri Jogendra Kumar deputed in sub-station. They have also created atmosphere of threat after breaking wall of the store room and have committed robbery of 15 meter PVC armored cable. F.I.R.

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to this effect was lodged by the Manager at the concerned police station.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that co-accused persons have already been granted bail by another bench in MCRCs No. 549/2021, 1720/2021, 1659/2021 and 2259/2021, therefore the present applicant may also be granted benefit of bail. He also submits that the present applicant is in jail since 10.02.2022, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

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

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Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the fact that the other co-accused persons have already been granted bail and the present applicant is in jail since 10.02.2022, and 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.

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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 trial Court on each and every date given to him by the said Court.

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Sd/(Rajani Dubey) Judge

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H.L. Sahu

Raja Yadav @ Bhakur @ Gudda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Raja Yadav @ Bhakur @ Gudda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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