Sonu Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8049 of 2017

1. Sonu Thakur S/o Tulsi Thakur Aged About 28 Years R/o Rajeev Nagar Supela, Police Station Supela Bhilai Tahsil And Distict Durg Chhattisgarh.

2. Md. Salim S/o Gaffar Aged About 29 Years R/o Soniya Gandhi Nagar Zone - 1 Khursipar Bhilai Police Station Khursipar Tahsil And District Durg Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through It S Police Station Jamul Civil And Revenue District Durg Chhattisgarh.

---- Respondent For the Applicants :

Shri Ravi Maheshwari, Advocate.

For the Respondent/State :

Shri Vivek Singhal, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

05.03.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.364 of 2017, registered at Police Station - Jamul, Civil & Revenue District - Durg, Chhattisgarh for the offence punishable under Sections 457, 380 and 411 read with Section 34 of the Indian Penal Code.

2.

Learned counsel for the applicants submits that the applicants are in jail since 26.7.2017 and they have been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. The applicants

are local residents of District Durg and they are ready to abide by all the conditions that may be imposed on them. Hence, it is prayed that the applicants be benefited with grant of regular bail. 3.

Learned State counsel opposes the bail application and the submissions made in this respect.

4.

Heard counsel for both the parties and perused the case diary. 5.

Complainant - Sanjay Kumar Banchor, representative of Nav Jagriti Mahila Swa Sahayata Samuh lodged FIR against unknown persons that the shop of the said Society was broke open and the ration articles kept in the shop have been stolen. During investigation, some rice bags have been recovered from both the applicants, which were seized. Hence, this case. 6.

Considering the entire material present in the charge-sheet and the nature of the case, the applicants are local residents of District Durg, the case is triable by the Judicial Magistrate First Class and no purpose would be served if the applicants were kept in detention for the whole period of trial, I am of the considered opinion that in this case the applicants deserve to be enlarged on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants in all the cases shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- in respect of each crime with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi