Anuj Kumar Yadav vs State of C.G.

Hon''ble Shri T.P. Sharma, J.—The applicant has filed this application u/s 439 of the CrPC for grant of regular bail, as he is in custody in connection with Crime No. 151/2011, registered at Police Station Simga, Distt. Bilaspur, for the offence punishable u/s 379 of the IPC.

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

Learned counsel for the applicant submits that this is the first bail application filed on behalf of the applicant for grant of regular bail. No other application of this nature is pending before this Court or before the Court below. The application is supported by the affidavit of Rukmani, wife of the applicant.

Learned counsel for the applicant further submits that the applicant has not committed any offence and he has been falsely implicated in the crime in question. Even as per case of the prosecution, fifteen cows/cattle of the complainant have been stolen by different accused persons and the applicant herein has purchased three cattle after paying consideration. The applicant has not committed the offence punishable u/s 379 of the IPC, at the most the act of the applicant may fall within the ambit of Section 411 of the IPC. The applicant is bona fide purchaser. The applicant is in custody since 12-6-2011, he is ready and willing to furnish bail bonds to the satisfaction of the court and he will abide by all the conditions that may be imposed upon him by the court while granting him bail.

On the other hand, learned State counsel opposes the application and submits that another case of similar nature is registered against the applicant in the year 2005 and the applicant is in the habit of committing the aforesaid kind of offence. The applicant was found in possession of three cattle purchased from another accused who has committed theft of the said cattle.

On due consideration of the material collected on behalf of the prosecution, period of detention of the applicant and the allegation that the applicant has purchased cattle from another person who has committed the main offence of theft, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

It is, therefore, directed that if the applicant furnishes personal bond of Rs. 10,000/- with a solvent surety in the like sum to the satisfaction of the Judicial Magistrate First Class, Simga, for his regular appearance before it as and when directed, he shall be released on bail, till the disposal of the trial of the case.