Saleem Shah v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1480 of 2018 • Saleem Shah S/o Salam Shah Aged About 28 Years R/o- Ittabhatti Tekanaka, Sharda Chowk P.S. Panchpawali, District- Nagpur, Maharashtra, District : Nagpur, Maharashtra ---- Petitioner

Versus

• State Of Chhattisgarh Through- Police Station, Somni, Rajnandgaon ,district- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh -- Respondent For Petitioner :

Shri Arvind Dubey, Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/04/2018 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Criminal Case No.253/2018 registered at Police Station Somni, Rajnandgaon for the offence punishable under Section 411 of IPC.

3.

Case of the prosecution is that the applicant had purchased and was found in possession of truck alleged to be stolen. 4.

Learned counsel for the applicant submitted that the applicant has been arrested on the false pretext that he having purchased stolen property. It is also submitted that there is no previous case against the applicant for commission of similar offence. Therefore, at this stage, it is prayed that the applicant may be granted bail as the applicant is in jail since 30-11-2017, investigation is complete, charge sheet has been filed and that the applicant is not likely to abscond or tamper with the prosecution witnesses. 5.

On the other hand, learned State counsel opposed the prayer for grant of bail.

6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the nature of allegation and that the applicant is not charged of having committed similar offence in the past, I am inclined to grant bail to the applicant.

7.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with two local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date, unless exempted.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane