High CourtsSingle Bench

Dileshwar Prasad Yadav vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 20 March 2020 · Citation: (2020) 03 CHH CK 0040

HON’BLE JUDGES
Rajani Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 684 Of 2020
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Judgment

8 paragraphs · 272 words

@JUDGMENT-JUDGMENT

Rajani Dubey, J

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 418/2019 registered at police station Surajpur, district Surajpur (CG) for the offence punishable under Sections 420,467,468 and 471/34 IPC.

As per prosecution case, it is alleged that on receiving information, the police raided and arrested the applicant and two drivers for dumping the coal loaded truck at Industrial area, Nainpur instead of Raigarh.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is a truck driver and similarly placed co-accused have been granted bail by this Court in M.Cr.C. Nos.7774/2019 and 413/2020 vide order dated 21.01.2020 and therefore the present applicant may also be granted the benefit. He submits that the applicant is in jail since 01.11.2019; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.