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Yakub Vs State Of Chhattisgarh

Case No: Miscellaneous Criminal Case (MCRC) No. 3347 Of 2019

Date of Decision: May 24, 2019

Acts Referred: Code Of Criminal Procedure, 1973 — Section 439#Indian Penal Code, 1860 — Section 34, 380, 457

Hon'ble Judges: Rajani Dubey, J

Bench: Single Bench

Advocate: Ajay Chandra, Anand Verma

Final Decision: Allowed

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Judgement

Rajani Dubey, J

1. Heard.

2. This is an 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.139/2019, registered at Police Station Civil Lines Bilaspur, District Bilaspur (CG) for the offence punishable under Sections

457 and 380/34 of IPC.

3. The case of the prosecution, in brief, is that complainant Smt. Neha Chouhan is a resident of Talapara, Bilaspur. On 26.2.2019, between 7 p.m. to

9.35 p.m., some unknown persons break open MCRC No. 3347 of 2019 the lock of the house of the complainant and had stolen one pair of golden

earrings, one silver anklet, some coins of silver, home theater and Rs.17,000/- cash from her house. Some ornament, home theater and cash of

Rs.8,000/- was seized from the possession of the applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He prays for releasing

the applicant on regular bail.

5. On the other hand, learned Counsel for the State opposes the bail application.

6. Considering the facts and circumstances of the case and looking to the fact that there is no likelihood of the applicant to abscond and tamper the

evidence, his bail application is allowed.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of

Rs.25,000/- with one surety 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.

8. Certified copy as per rules.