Rekhchand v. State Of Chhatttisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 631 of 2019 • Rekhchand S/o Shyamlal Pardhi Aged About 42 Years R/o Ward No. 01, Durga Bai Kavardha, District Kabirdham At Present Address Village Rajpur, P. S. Dhamdha, District Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhatttisgarh Through The Station House Officer, P. S. Parpodi, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Non-applicant For Applicant : Mr. Suresh Kumar Verma, Advocate.

For Non-applicant : Ms. S. Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 11.02.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 121/2018 registered at Police Station - Parpodi, District Bemetara, (C.G.) for the offence punishable under Sections 457, 380 of the Indian Penal Code.

3. Case of the prosecution, in brief is that in the intervening night of 13.11.2018 and 14.11.2018 at village Tumdipar from the house of complainant Bhojraj Tiwari cash Rs. 8000/-, gold and silver ornaments, gram 40 Kg were stolen by some unknown persons. On the memorandum of applicant 6 Nos. silver bangles, cash Rs. 2550/- were seized from him.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.

6. Looking to these 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 one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore