Narayano Seth v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 908 of 2019 Narayano Seth, son of Rajkumar Seth, aged about 40 years, R/o Lakhanpur, P.S. Amabhona, District Bargarh (Odisha), at present R/o Shahid Chowk Raigarh, Tahsil and District Raigarh (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Out post Jutmil, P.S. Kotwali, Raigarh, District Raigarh (CG). ---- Non-applicant For Applicant : Mr. Rajesh Kumar Sharma, Advocate.

For Non-applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 19.02.2019 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 counsel for the State in connection with Istagasa No.29/2018 registered at Police Station Out post Jutmil, P.S. Kotwali, Raigarh, District Raigarh for the offence punishable under Sections 379 of IPC and Section 41(1-4) of CrPC (wrongly mentioned as 414 in the order sheet). 3.

Case of the prosecution, in brief is that three motorcycles have been seized from the possession of the applicant. 4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application. He submits that two other cases of similar type of nature have already been registered against the applicant in police case diary. 6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-