High Court Of ChhattisgarhMCRC/365/2019allowed

Man Singh v. State Of Chhattisgarh

2019-02-04Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 365 of 2019 • Man Singh S/o Govind Singh Aged About 35 Years R/o Village Patahi, Thana- Urga, District Korba Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through The Police Station House OfficerThana- Suhela, District Baloda Bazar- Bhatapara Chhattisgarh. ---- Respondent For applicant Mr. Deepak Jain, Adv.

For non-applicant/State Ms. Sangeeta Mishra, GA.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 4-21. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 180/2017 registered in police station Suhela, Distt. Baloda BazarBhatapara, (CG) for offence punishable under Section 420, 407/34, IPC.

3. Prosecution story in brief is that on 1-6-2016, Five Star Transport Company transported 30 Ton cement from Shree Cement, Khapradih to Hariom Traders, Biharpur (CG) by the vehicle Registration No. CG 04 JD 51089. Owner of the vehicle was Praveen Kumar Pachori. The applicant impersonated himself as Amrika Prasad who was actual driver of that vehicle, and took the vehicle. The applicant did not unload the said cement and misappropriate the same and caused damage of Rs. 1,71,600/- to the said transport company.

4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicant in the police case diary.

6. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one

personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak