Allowed

Lal Pyare Yadav v. State of Chhattisgarh

Chhattisgarh HC17 Mar 2024MCRC/387/2024

Case brief

AI extract

What is this about?

Second bail application for dacoity offence (Sections 395, 506 IPC). Co-accused acquitted by trial court; material witnesses turned hostile. Considering pre-trial detention and witness statements, the court granted regular bail on a personal bond of Rs.25,000 with two sureties.

What did the court decide?

Applicant to be released on bail on furnishing personal bond of Rs.25,000 with two sureties of like amount, to the satisfaction of the trial Court.

Lal Pyare Yadav Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No. 387 of 2024

¶5

Lal Pyare Yadav S/o Late Liya Yadav, Aged About 36 Years, R/o Village Parvatipur, Police Station And Tahsil Lundra, District Surguja Chhattisgarh.

¶6

---- Petitioner

¶7

Versus

¶8

State Of Chhattisgarh Through Police Station Lundra District Surguja Chhattisgarh.

¶9

---- Respondent

¶10

For Applicant	Mr. Rohitashva Singh, Advocate
For Respondent/State	Ms. Neelima Singh Thakur, Panel
	Lawyer

¶11

SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Judgment On Board

¶12

18/3/2024

¶13

Heard.

¶14

This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.142/2020 registered at Police Station Lundra District Surguja (CG) for the offence punishable under Sections 395, 506 of the IPC.

¶15

The first bail application of the applicant was dismissed as

¶16

¶17

withdrawn vide order dated 6.5.2023 passed in MCRC No.2308 of 2023, with liberty to revive the prayer after examination of Arjun Gupta.

¶18

Prosecution case, in brief, is that the present applicant along with other co-accused broke into the house of the complainant and looted gold, silver and cash of Rs. 5 Lakhs and thereby, committed dacoity. Hence, the aforesaid offence has been registered.

¶19

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The other co-accused have already been acquitted by the trial Court by the judgment dated 9.6.2022 passed in ST No.94/2021 by the Third Additional Sessions Judge, Sarguja. He also submits that the material witnesses have been examined and they have turned hostile and not supported the case of the prosecution. The applicant is in jail since 11.11.2022. Hence, considering all these aspects, the applicant may be enlarged on bail.

¶20

On the other hand, learned counsel for the State opposes the bail application. She submits that on the memorandum statement of the applicant, one Desi Katta has been recovered. However, she would not dispute that Arjun Gupta is one of the memorandum witnesses and he has not supported the case of the prosecution.

¶21

Having considered the submissions of learned counsel for the

¶22

¶23

parties and particularly considering the statements recorded by the prosecution and further considering the pre-trial detention of the applicant, without commenting anything on the merits of the case, this Court is inclined to grant bail to the applicant.

¶24

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with two sureties in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

¶25

Certified copy as per rules.

¶26

Sd/-

¶27

(Deepak Kumar Tiwari) Judge

¶28

Shyna

Lal Pyare Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lal Pyare Yadav 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

Sadanand Chaudhary Vs State Of Chhattisgarh

Ganesh Kumar Yadav Vs State of Chhattisgarh

Shyama Singh Vs State Of Chhattisgarh

Ambarish Kumar Singh Vs Bhilai Scan Research Limited

Dayanidhi Dehri Vs State of Chhattisgarh and Ors.

Harish Kumar Ghritlahre Vs State of Chhattisgarh