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High Court Of ChhattisgarhMCRC/917/2019allowed

Shesh Rao @ Golu Mohite v. State Of Chhattisgarh

2019-02-20Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 917 of 2019 Shesh Rao @ Golu Mohite S/o Shri Prakash Rao Mohite Aged About 18 Years R/o Bhathapara ,fafadih Raipur ,tahsil And District Raipur Chhattisgarh. Mo. No. 7974339217, District : Raipur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Ganj ,raipur District Raipur Chhattisgarh. ---- Respondent For the Applicant :

Ms. Sunita Sahu, 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.312/2018 registered at Police Station Ganj, Raipur, District Raipur (C.G.) for the offence punishable under Section 457, 380 of IPC.

3. Case of the prosecution, in brief is that in the intervening night of 19/10/2018 and 20/10/2018 from the house of complainant Raja Turkesh situated at Fafadih Bhatapara, some unknown persons stolen mobile set IMEI No. 887871031943109, mobile set of Redmi company IMEI No.89644535035176, another mobile set IMEI No. 911575000171560, three other mobile set. On the memorandum of applicant one mobile set IMEI No. 887871031943109 and another mobile set of Redmi company IMEI No.89644535035176 were 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 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 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