Lokesh Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 97 of 2019 • Lokesh Patel S/o Late Shri Vyankat Rao Aged About 28 Years R/o Gandhinagar, Kalimata Ward, Near Gas Godown, Pandri, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Maudhapara Raipur, Civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate.

For Non-applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 160/2018 registered at Police Station - Maudhapara Raipur, Civil And Revenue District Raipur (C.G.) for the offence punishable under Sections 379 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 12/08/2018 between 22-23 hours Mekahara hospital, Raipur motorcycle of complainant Suvit Banjare bearing registration no. CG-04-HY-1607 was stolen by some unknown person. As per the memorendum of the applicant recorded in Crime No.0/4/2018 of the police station Azad Chauk and one motorcycle bearing same registration was seized from him.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore