Chattisgarh High Court
Yash Patel vs State Of Chhattisgarh on 12 September, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7004 of 2022
Yash Patel S/o Ramlal Aged About 18 Years R/o Jawali, Tehsil
Katghora, District Korba, Chhattisgarh
---- Applicant
in jail
Versus
State Of Chhattisgarh Through Station House Officer, Police
Station Dipka, District Korba, Chhattisgarh
---- Respondent
MCRC No. 7630 of 2022
1. Satish Tandon S/o Chaitram Aged About 26 Years R/o Village Jawali, Tahsil Katghora, District- Korba, Chhattisgarh
2. Sunil Patel S/o Uddhu Ram Patel Aged About 21 Years R/o Village Jawali, Tahsil Katghora, District- Korba, Chhattisgarh
---- Applicants in jail Versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Dipka, District- Korba, Chhattisgarh
---- Respondent For Applicants : Shri SRJ Jaiswal, Advocate For Respondent/State : Shri Shivnath Shrivas, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 12/09/2022 Since both these first applications under Section 439 of CRPC relate to Crime No.108/2022 registered at Police Station - Dipka, Distt. Korba (CG), they are being disposed of by this common order.
02. MCRC No.7004/2022 has been filed for grant of bail in connection with the aforesaid crime number for the offence under Section 379, 34 of IPC whereas MCRC No.7630/2022 has been filed seeking bail in above crime number for the offence under Sections 379, 34 of IPC and Sections 146 and 196 of the Motor Vehicles Act.
03. As per the prosecution case, on 17.6.2022 at around 6.20 pm one unnumbered Sonalika Tractor illegally transporting sand without royalty was seized at Deepka-Katghora road. The said tractor is owned by applicant Satish Tandon, its driver is applicant Sunil Patel and co- driver is applicant Yash Patel.
04. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the crime in question. The applicants are in jail since July, 2022; charge sheet has already been filed and conclusion of the trial is likely to take some time. Therefore, the applicants may be released on bail.
05. On the other hand, learned counsel for the State opposes the bail applications.
06. I have heard learned counsel for the parties and perused the case diary.
07. Considering the facts and circumstances of the case, the nature of allegations against the applicants, the detention period of the applicants; charge sheet has already been filed and nothing is required to be seized from the applicants and that conclusion of the trial is likely to take some time, without commenting anything on merits of the case, I am inclined to release the applicants on bail. Accordingly, the bail applications are allowed.
08. It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed, till final disposal of the trial.
sd/ (Rajani Dubey) Judge Khan