High Court Of ChhattisgarhMCRC/2498/2016allowed

Indra Nath v. State Of Chhattisgarh

2016-06-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2498 of 2016 • Indra Nath S/o Shyam Nath Pradhan Aged About 26 Years R/o Sailwaar, Police Station Bajaag, District Dindori (M.P,) Civil & Revenue District Dondori (M.P.) --- Petitioner

Versus

• State of Chhattisgarh through the Station House In-Charge, Police Station Taregaon Jungle, District Kabirdham (Kawardha) Chhattisgarh --- Respondent For the applicant :

Mr. Sandeep Shrivastava, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 21.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 1/2016 registered at P.S. Taregaon Jungle, District Kabirdham (Kawardha) (C.G) for the offence punishable under Sections 379 of IPC.

2. As per the prosecution case, on 01.09.2015, a complaint was made that the applicant had stolen the cash box of the complainant with Rs.65,000/- and fled away. Subsequently the applicant was arrested and certain cash was recovered from him, thereby the offence is committed.

3. Learned counsel for the applicant submits that the charge sheet in this case has been filed and the applicant has been falsely implicated as only some cash has been recovered, therefore, no evidence is existing against the applicant.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the totality of the facts and circumstances of the case and taking into alleged recovery of cash which has not

been made as also the fact that the charge sheet in this case has been filed and the applicant is stated to be in jail since 05.01.2016, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o