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High Court Of ChhattisgarhMCRC/371/2019allowed

Shubham Shrivas @ Fagu v. State Of Chhattisgarh

2019-02-04Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 371 of 2019 Shubham Shrivas @ Fagu S/o Daras Shrivas Aged About 22 Years R/o Dipra Para Durg, Tehsil And District Durg, Chhattisgarh., District : Durg, Chhattisgarh.

---- Applicant

Versus

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

Shri Vijay Sahu, Advocate For the State :

Ms. M. Asha, 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.835/2018 registered at Police Station Durg, District Durg (C.G.) for the offence punishable under Sections 392, 34 of IPC.

3. Case of the prosecution, in brief is that on 13/10/2018 complainant Sangeeta Dewangan was returning back her house by Activa. About 10 a.m., near the Jail try junction of Padmanabhpur two unknown persons stolen her purse containing mobile, cash of Rs.400/-, key ring, documents. On Test Identification Parade complainant identified the applicants.

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 a personal bond of Rs.50,000/- to the satisfaction of the concerned Court with the condition that he shall not involve 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