High Court Of ChhattisgarhMCRC/1456/2015allowed

Naresh Singh Baghel v. State Of Chhattisgarh

2015-07-01Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1456 of 2015 Naresh Singh Baghel, S/o Kaptan Singh Baghel, aged about 24 years, R/o Village Karra, P.S. Dabra, District Gwalior (M.P.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, P.S. Sakti, District Janjgir-Champa (C.G.) ---- Non-applicant For Applicant:

Mr. Devesh Chandra Verma, Advocate.

For Non-applicant:

Mr. Lav Kumar Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01/07/2015

1. Heard.

2. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.12/2015, registered at Police Station Sakti, Distt. Janjgir-Champa for the offence punishable under Sections 407, 411 of the IPC, 21 and 4 of the Mines and Minerals Act.

3. This is the second bail application filed on behalf of the applicant for grant of regular bail. First bail application of the applicant has been dismissed as withdrawn vide order dated 19-2-2015 passed by this Court in M.Cr.C. No.431/2015.

4. Case of the prosecution, in brief, is that the applicant being driver of a trailor bearing registration No.CG-04/JB-5183 while transporting coal, sold 1.10 tons of coal and thereby committed criminal breach of trust.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime, he has not committed any offence and as such he is

in jail from 10-1-2015 and charge sheet has been filed on 6-3-2015.

6. On the other hand, learned State counsel opposes the bail application.

7. Considering the nature and gravity of offence, the fact that the applicant is in jail since 10-1-2015, charge-sheet has already been filed and no further custodial interrogation of the applicant is necessary, I am of the opinion that it is a fit case to admit the applicant to regular bail. Accordingly, the application is allowed.

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

Sd/- (Sanjay K. Agrawal) Judge Soma