Shivkumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 653 of 2019 Shivkumar S/o Badri Prasad Aged About 22 Years Caste Lodhi R/o Village Umriya, Police Station Bilha, District (Revenue And Civil), Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh . ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Bilha, District (Revenue And Civil), Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Anand Kesharwani, 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.367/2018 registered at Police Station Bilha, District Bilaspur (C.G.) for the offence punishable under Section 25 and 27 of Arms Act.

3. Case of the prosecution, in brief is that on 24/10/2018 Head Constable Jitesh Chandra posted at Police Station Bilha (C.G.) seized one country made pistol 315 bore from the possession of the applicant.

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 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 Court with the condition that he shall 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 Kamde