Jugraj Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1144 of 2019 • Jugraj Singh, S/o Harnek Singh, aged about 23 years, R/o Gallewal, Police Station Kumbhkala, District- Ludhiana, Punjab. ---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Kota, District - Bilaspur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant :

Shri Bharat Gulbani and Anshuman Shrivastava, Advocates.

For Respondent/State :

Smt. Smita Ghai, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/03/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 346/2017, registered at Police Station- Kota, DistrictBilaspur, (C.G.), for the offence punishable under Sections 394 of the Indian Penal Code.

2. As per the prosecution story, allegations against the present Applicant is that he took lift from the driver of the truck bearing registration no. CG-04-JD-1865 near Bhairav Baba Mandir, Ratanpur. Thereafter, near a dhaba, the driver of the truck came down from the truck to take tea. At that time, the ignition of the truck was left on and the keys of the truck were also left in the truck. Allegedly, the present Applicant was sitting in the truck and started driving the truck which contains 420 bags of cement total amounting Rs. 14,42,400/-. Thereafter, the driver of the truck took lift in a car and chased the accused/Applicant and caught him near Banjari Ghat of Belgahana. On the basis of the said, matter was reported by the driver of the truck and thereafter, offence has been registered. The Applicant has been taken into custody on

18.11.2017

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case due to some misunderstanding. He also submits that charge-sheet has been filed, the Applicant has been taken into custody on 18.11.2017 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that charge-sheet has been filed, the Applicant is in custody since 18.11.2017 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 2,00,000/- with two local solvent sureties each of Rs. 1,00,000/- for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash