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High Court Of ChhattisgarhMCRC/488/2019allowed

Anil Kumar Sahu v. State Of Chhattisgarh

2019-02-07Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 488 of 2019 Anil Kumar Sahu S/o Netram Sahu Aged About 20 Years R/o Village Beloudi, Police Station Runchirai, District Balod, Chhattisgarh, District : Balod, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate Durg, District Durg, Chhattisgarh, District : Durg, Chhattisgarh.

---- Respondent For the Applicant :

Ms. Saumya Sharma, Advocate For the State :

Shri Vinod Tekam, 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.101/2018 registered at Police Station G.R.P. Durg, District Durg (C.G.) for the offence punishable under Section 379 of IPC.

3. Case of the prosecution, in brief is that on 26/10/2018 from the parking of Railway Station, Durg, a motorcycle of complainant Kamal Kishore Verma bearing registration No. C.G.07 LU/2602 was stolen by some unknown person. On the memorandum of applicant same motorcycle was seized from him.

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 two other similar type of criminal cases have been registered 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