Rajkumar Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 592 OF 2016 Rajkumar Ram son of Mathura Ram aged about 27 years Caste Mahkul resident of Kharijhariya Police Station and Tahsil Kunkuri District Jashpur (CG) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer Police Station Kunkuri (wrongly mentioned as Tapkara in the rejection order sheet), District Jashpur (C.G.) ---Non-applicant For Applicant :

Mr. J.K. Saxena, Advocate For-Non-applicant :

Ms. Astha Shukla, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 239/2015, registered at Police Station Kunkuri District Jashpur (C.G.), for the offence

punishable under Sections 457, 380 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that, on 24/11/2015 applicant stolen motorcycle owned by complainant Suleman Kujur and thereby committed aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in crime in question. He would further submit that no useful purpose would be served by keeping him in jail. He would lastly submit that charge sheet has been filed and applicant is in jail since 05/12/2015, therefore, he may be released on bail. 4.

On the other hand, learned State counsel would oppose the prayer for grant of bail.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into

consideration the nature and gravity of offence and recovery of stolen motorcycle from the possession of the applicant, I am not inclined to release the applicant on regular bail.

7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari