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High Court Of ChhattisgarhMCRC/866/2018allowed

Ajay Sao v. State Of Chhattisgarh

2018-04-03Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 866 of 2018 • Ajay Sao S/o Pransao, Aged About 28 Years, R/o Gramin Shop Dafai, Haldibai, Police Station Chirmiri, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police of Police Station Chirmiri, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Non-applicant For Applicant - Mr. Anil Gulati, Advocate.

For Non-applicant/State - Ms. K. Tripti Rao, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 03-04-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 18-12-2017 in connection with Crime No.477/2017 registered at P.S. Chirmiri, District Korea, Chhattisgarh for the offence under Section 457, 380 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 18-12-2017 and he is local resident of Chirmiri, District Korea and the applicant has no criminal antecedent. He is ready to abide by all the conditions to be imposed on grant of bail. Hence, it is prayed that he may be released on bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

The allegation against this applicant is this, that he along with three others committed theft of trolley wire of copper and other simple copper wire worth of Rs.27,500/-. After lodging of the FIR, 6 kg. of trolley copper wire and 8

-2kg. of simple copper wire of value Rs.7,000/- was seized from his possession. Hence, this case.

6.

Considered on the entire material present in the case diary. Presently the case is before the trial Court and conclusion of the trial is likely to take some time, and further, the applicant has no criminal antecedent, hence for these reasons, I am of this view that this applicant should be released on bail during pendency of the trial against him.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil