Mukul Suna & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 789 of 2019

1. Mukul Suna S/o Prakash Suna Aged About 19 Years R/o Ispat Nagar, Risali, Bhantha P. S. Bhilai Nagar, District Durg, Chhattisgarh.

2. Shekhar Nayak S/o Suresh Nayak Aged About 19 Years R/o Ispat Nagar, Near Ganesh Pandal Risali, Bhantha P. S. Bhilai Nagar, District Durg, Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Durg District Durg Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Vivek Sharma, Advocate.

For Respondent/State : Shri Amit Singh, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 01/03/2019

1. The Applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 812/2018, registered at Police Station - Durg, District - Durg, (C.G.) for the offence punishable under Section 379/34 of the Indian Penal Code.

2. As per the prosecution story, on 04.10.2018 , report was made by one Keshari Deshlare wherein it has been stated that some unknown person has stolen his car Maruti Swift bearing registration No. CG-07AV-2252 worth Rs. 4,00,000/-. On the basis of the said, offence has been registered. During course of investigation, said stolen car has been seized from the possession of the Applicant No. 01. namely Mukul Suna and the number plate of the said car has been seized from the possession of Applicant No. 02 namely Shekhar Nayak. The Applicants have been taken into custody on 09.10.2018.

3. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case. He further submits that the Applicants have no criminal antecedent, charge-sheet has been filed, they are in custody since 09.10.2018 and trial will take some time. Therefore, they may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicants have no criminal antecedent, they are in custody since 09.10.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash