High Court Of ChhattisgarhMCRC/105/2019disposed off

Surendra Kumar Bharti @ Sunil v. State Of Chhattisgarh

2019-01-30Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 105 of 2019 Surendra Kumar Bharti @ Sunil S/o Shri Birbal Aged About 24 Years R/o Village Bairpur Ward No.1 Police Station Obera, District Sonbhadra Uttar Pradesh ---- Applicant

Versus

State of Chhattisgarh Through Police Station Incharge Police Station Rajpur, District Balrampur- Ramanujganj Chhattisgarh. ---- Respondent For applicant Mr. R.K. Tiwari and Shri Manoj Mishra, Adv.

For non-applicant/State Mr. Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30-11. 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. 20/2016 registered in police station Rajpur, Distt. Ramanujganj (CG) for offence punishable under Section 379, 201/34 of IPC.

3. Prosecution story in brief is that in the intervening night of 31-12016 and 1-2-2016 at village Rajpur, from the front of house of complainant, his Bolero vehicle bearing registration No. CG 15B-5792 was stolen by some unknown person. In Rabartsganj, UP, the applicant was caught hold by police along with one Bolero vehicle. Said Bolero was identified by the said complainant.

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 as per case diary, one case under IPC has been registered against the applicant.

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 like sum 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