Pintu Nut v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3536 of 2016 Pintu Nut S/o Sundarlal Nut Aged About 32 Years R/o Divanpur, P.S. Patthalgaon, District - Jashpur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Manendragarh, Distt. - Koria Chhattisgarh ---- Respondent For applicant - Shri Rajesh Jain, Advocate.

For Respondent/State - Shri Vinod Tekam, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 13/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 21/2016 registered in Police Station Manendragarh, District Koria (C.G.) for offence punishable under Section 379 R/w 34 of Indian Penal Code.

2.

As per the prosecution case on 27/01/2016 one Ram Barose withdrew amount of Rs.3 lakhs from the bank kept the money in the dickey of the motorcyle and after parking the motorcycle he went 100 feet away. Applicant along with the co-accused had stolen said cash. Subsequently, house of the applicant was cordoned and thereafter he was arrested and from his possession Rs.10,000/- was recovered, other co-accused fled away. Thereby, the offence is committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, only Rs.10,000/- has been recovered and the applicant is in jail since 27/03/2016. Therefore, learned counsel

submits that the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. It is alleged that as per the evidence available from the master key lock of dickey of the motorcycle was opened by the other co-accused and the amount was stolen. Taking into such facts and circumstances of the case and also for the fact that other co-accused is still absconding, this court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri