Jeevan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 1164 OF 2016 Jeevan S/o Narendra Yadav aged 19 years R/o village Pallari Tahsil Pallari District Baloda Bazar Bhatapara (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer Police Station Chakarbhata District Bilaspur (C.G.) ---Non-applicant For Applicant :

Ms. Jyoti Rathore, Advocate For Non-applicant :

Mr. Ajit Singh, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 10/03/2016 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. 01/2016, registered at Police Station Chakarbhata, District Bilaspur (C.G.), for the offence punishable under Sections 380, 411/34 of IPC.

2.

Case of the prosecution, in brief, is that, applicant is alleged to purchased stolen mobile 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 this case. He would further submit that he was bonafide purchaser of mobile. He would further submit that charge sheet has been filed and applicant is in jail since 12/01/2016 therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

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; role of the present applicant; charge sheet has already been filed and applicant is in jail since 12/01/2016, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari