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High Court Of ChhattisgarhMCRC/185/2018allowed

Girwar Prasad Jaiswal @ Jaggu v. State Of Chhattisgarh

2018-03-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 185 of 2018 Girwar Prasad Jaiswal @ Jaggu S/o Vedram Jaiswal, Aged About 40 Years R/o Village Chapora, P. S. Rantanpur District Bilaspur Chhattisgarh, Presently Shyam Mandir, Purana Sarkanda, Shivghat, P. S. Sarkanda Tahsil and District Bilaspur Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through Police Station Ratanpur District Bilaspur Chhattisgarh.

---- Respondent For the applicant :

Mr. Rajesh Jain, Advocate For the respondent :

Mrs. Madhunisha Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.03.2018

1. This is first bail application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection with Crime No. 282/2017 registered at Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under sections 457 & 380 of IPC.

2. As per the prosecution case, on 15.09.2017 a report was made by complainant Baldev that he had kept an amount of Rs. 3,90,000/- in the shop and when he came back the lock was found to be broken opened. Subsequently, the applicant and other accused have been arrested and from the applicant, cash of Rs. 41,500/- and an iron rod were recovered.

3. Learned counsel for the applicant would submit that on the basis of recovery of currency notes, the applicant has been inculpated and there is no evidence available to connect him

in the crime. He further submits that the charge-sheet has been filed and no further investigation is required. Therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary. Considering the nature of evidence available and further considering the fact that the chargesheet has been filed in this case, no further investigation is required and the applicant is in jail since 30.09.2017, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o .