Hariom Devdas v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3556 of 2016 Hariom Devdas S/o Mahesh Chandra Devdas Aged About 27 Years R/o Braham Chowk, Gokulpur Ward, Dhamtari, Post Office & Police Station Dhamtari, Tahsil & District Dhamtari Chhattisgarh. ----Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, District Dhamtari Chhattisgarh. ---- Respondent For applicant - Shri Shivendu Pandya, Advocate. For Respondent/State - Shri Sumit Jhanwar, PL. Hon'ble Shri Justice Goutam Bhaduri Order 12/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.375/2015 (wrongly mentioned as crime No.275/2015 in the rejection order) registered in Police Station City Kotwali, District Dhamtari (C.G.) for offence punishable under sections 457 & 380 of Indian Penal Code.

2.

As per the prosecution case one Gopal Das made a report on 30/11/2015 that from his shop the applicant committed theft of cash and goods and also took away the CCTV recorder. Thereby, the offence is committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, no goods has been seized and only cash of Rs.10,200/- was recovered from the applicant. He submits that the charge sheet has been filed, no further investigation is necessary, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Considering the facts and circumstances of the case, taking into fact that charge sheet has been filed and considering the nature of recovery which is only of cash and few broken parts of the CCTV recorder as alleged, considering the pre-trial detention as the applicant is in jail since 17/04/2016, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri