Nohar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1014 of 2019 Nohar, S/o Ramji Sahu, aged about 35 years, R/o village Borsi, P.S. Magarlod, District Dhamtari (CG).

---- Applicant

Versus

State of Chhattisgarh, through Police Station Magarlod, District Dhamtari (CG).

---- Non-applicant For Applicant : Mr. Mayank Chandrakar, Advocate.

For Non-applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26.02.2019 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 crime No.200/2018 registered at Police Station Magarlod (Dhamtari) for the offence punishable under Sections 457 & 380 of Indian Penal Code.

3.

Case of the prosecution, in brief is that the complainant Rewaram is a resident of village Borsi. During 09.08.2018 to 18.08.2018 some unknown persons stole 1 Gas Cylinder, 1 LED TV of Crown company, 1 Tullu pump, 1 brass plate and coins of Rs.1,000/- from the house of the said complainant. On the memorandum of applicant, 1 Gas cylinder, 1 Tullu pump and 1 brass plate were seized from him. 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, however, he submits that no criminal antecedent is reported 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/-