Govind Ganda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1755 of 2018 Govind Ganda S/o Purandhar Udiya Aged About 48 Years R/o Camp-2, House No. 21, Near Jhopda, P. S. Chhawani, Tahsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kumhari Civil And Revenue District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondent And M.Cr.C. No. 1758 Of 2018

1. Sonu Thakur S/o Tulsi Thakur Aged About 29 Years R/o Rajiv Nagar, Supela, Near Balaji Kirana Shop, P. S. Supela, Bhilai District Durg Chhattisgarh, District : Durg, Chhattisgarh

2. Mohd. Saleem S/o Mohd. Gaffar Aged About 29 Years R/o Soniya Gandhi, Ward No. 1, Khursipar, Bhilai District Durg Chhattisgarh, District : Durg, Chhattisgarh.

---- Applicants Vs State Of Chhattisgarh Through Station House Officer, Police Station Kumhari, Civil And Revenue, District Durg Chhattisgarh, District : Durg, Chhattisgarh.

---- Respondent For the Applicants :

Shri Purnendra Khichariya, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

26.04.2018 1.

Both these applications are being decided by a common order as they arise from the similar matter. These are the first bail applications of the applicants filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in

connection with Crime No.84 of 2017, registered at Police Station Kumhari, District - Durg, Chhattisgarh for the offence punishable under Sections 457, 380 and 411/ 34 of the Indian Penal Code.

2.

Learned counsel for the applicants submits that the applicants in both the cases are in jail since 24.8.2017 and they have been falsely implicated in these cases. After completion of investigation, the charge-sheet has been filed and the trial against these applicants is still pending. The case is triable by the Judicial Magistrate First Class and the conclusion of the trial is likely to take some time for its final disposal. Hence, it is prayed that the applicants in both the cases be benefited with grant of regular bail. 3.

On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, the offence of theft was committed in the ration shop of complainant - Nand Kumar Verma. On the date of incident, some ration goods were stolen. The applicants in these cases have given memorandum statement and on that basis, some bags of rice, sugar and salt were recovered and seized. Hence, this case. 6.

As the trial against these applicants is still pending and it appears that these applicants do not have any criminal antecedents, looking to the delay in conclusion of trial against these applicants, I am of the view that these applicants should be benefited with grant of regular bail.

7.

It is directed that the applicants in both the cases shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- in respect of each crime with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi