Ravishankar Patre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2611 of 2017 • Ravishankar Patre S/o Son Singh, Aged about 28 Years, R/o Madadih, Police Station Kharora, District- Raipur (Chhattisgarh). ---- Applicant

Versus

• State of Chhattisgarh Through: The Station House Officer, Police Station - Chandrapur, District- Janjgir Champa (Chhattisgarh) ----Non-applicant --------------------------------------------------------------------------------------------------------- For Applicant :- Shri G.L. Verma, Advocate.

For the State/Respondent :- Shri Wasim Miyan, Panel Lawyer --------------------------------------------------------------------------------------------------------- SB: Hon'ble Shri Justice Rajendra Chandra Singh Samant Judgement on Board 29-05-2017

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail. It is submitted that the applicant has been arrested and is jail since 05-07-2016 in connection with Crime No.48/2016, registered at Police Station Chandrapur, District Janjgir-Champa for offence punishable under Sections 379, 414,34 of the IPC.

2. Challan has already been filed and the criminal case has been registered as case No.462/2016, pending in the Court of Judicial Magistrate First Class, Dabhara, District Janjgir-Champa. Applications of the applicant have been rejected by the Courts below. This is the first bail application before this Court. It is submitted that the applicant is innocent and has been falsely implicated in the case and, therefore, he may be released on bail.

3. On the other hand, learned State counsel has opposed the bail application and averments made by the counsel for the applicant.

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

5. The case against the applicant is that one Tata Indica without registration number with the details of Engine number and Chasis number was recovered by the police which was identified as the car stolen from the possession of complainant Manoj Kumar, who has lodged a report in police station Chandrapur.

6. Considering the facts and circumstances of this case, it appears that it is a fit case where the applicant should be extended benefit of bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is 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/- (Rajendra Chandra Singh Samant) Vacation Judge Kvr