Jugaldas Vaishnav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 464 of 2019 Jugaldas Vaishnav S/o Pramod Das Vaishnav Aged About 22 Years R/o Village Sariya, Ward No. 12, P.S. Sariya, Tahsil Baramkela, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The District Magistrate, Raigarh District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Hemant Kumar Patel, Advocate appears on behalf of Shri M.K. Jaiswal, Advocate For the State :

Shri SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /02/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.89/2018 registered at Police Station Sariya, District Raigarh (C.G.) for the offence punishable under Section 379 of IPC.

3. Case of the prosecution, in brief is that on 14/05/2018 in front of house of the complainant Balmukund Nayak at village Baramkela, his motorcycle bearing registration number C.G. 13 UE/5735 was stolen by some unknown persons. On the memorandum of applicant same motorcycle was seized from the possession of the co-accused Abhishek.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the 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 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 such type of crime in future, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde