Salaluddin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1134 of 2019 Salaluddin S/o Shri Bafati Aged About 38 Years R/o Village Nevada, Tehsil And Thana Patti, District Pratapgarh (Uttar Pradesh)., District : Pratapgarh, Uttar Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Thana Kurud, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh. ---- Respondent For the Applicant :

Shri Mahesh Kumar Mishra, Advocate For the State :

Shri Vikram Dixit, Govt. Advocate ----------------------------------------------------------------------------------------------- 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.464/2018 registered at Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Section 420 of IPC.

3. Case of the prosecution, in brief is that complainant Savitri Sahu is resident of village Maroud. On 02/09/2016 about 6 a.m. in village Maroud some unknown Baba cheated complainant and take away her cash of Rs.1,59,000/-, her ornaments worth Rs.1,21,000/- assuring her that they would be doubled. Complainant identified applicant during the Test Identification Parade.

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. 50,000/- each along with one personal bond of Rs. 1,00,000/- 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