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High Court Of ChhattisgarhMCRC/1833/2021allowed

Kamrujama Shekh @ Mithun v. State Of Chhattisgarh,

2021-06-02Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1833 of 2021 • Kamrujama Shekh @ Mithun S/o Samrudin Shekh, Aged About 30 Years R/o Village - Murgitola, Police Station - Rajmahal, District - Sahebganj (Jharkhand) ---- Applicant

Versus

• State of Chhattisgarh, Through - Station House OfÏcer Of Police Station Jashpur, District - Jashpur Chhattisgarh. ---- Respondent For Applicant :

Mr. Sanjeev Kumar Sahu, Advocate.

For Respondent :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02.06.2021 • Proceeding through video conferencing.

• The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 334/2019 registered at Police Station -Jashpur, District Jashpur (C.G.) for the offence punishable under Sections 457, 380/34, 201 & 120-B of the IPC. • As per the prosecution case, the allegation against the present applicant is that he along with other co-accused person committed theft at Balaji Complex and stolen some golden and silver ornaments as well as cash of Rs 5,96,625/-. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that nothing has been recovered from the

present applicant. As the applicant is in jail since 18.02.2020, he may be released on bail.

• Per contra, learned State counsel opposes the bail application.

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

• Considering the totality of the facts and circumstances of the case, nature of allegation, I am of the opinion that present is a fit case to release the applicant on bail.

• Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

• It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 50,000/- with one local surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial. Sd/- (Rajani Dubey) Vacation Judge V/-