Majid Ali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1632 of 2018 Majid Ali S/o Haider Ali, aged about 24 years, R/o Puchhapara, Katghora, P.S. Katghora, District- Korba (C.G.).

---- Applicant

Versus

State of Chhattisgarh Through: The Station House Officer, Police Station Bankimongara, District Korba (C.G.).

---- Respondent For Applicant :

Mr. Basant Kaiwartya, Advocate For Respondent :

Mr. Sumit Jhanwar, PL Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 25/04/2018 1.

The applicant has preferred this application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 156/2017 registered at Police Station- Bankimongara, District- Korba (C.G.). for the offence punishable under Sections 457, 380 and 411 of IPC.

2.

As per the prosecution story in the intervening night 10-11 of December, 2017, one mobile phone Samsung J-2 was stolen from the house of complainant, which was seized from the possession of the applicant. The applicant was arrested on 01/02/2018. 3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocence and has been falsely implicated in the present case. He further submits that the applicant is in custody since 01/02/2018, offence is triable by JMFC and the trial will likely to take some time to conclude, therefore, he may be enlarged on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly considering that the applicant is in custody since 01/02/2018 and the trial will likely to take some time, without further commenting on merits of the case, this court is inclined to release the applicant on bail.

7.

Accordingly, MCRC. No.1632/2018 is allowed. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul