Kunal Tekam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1562 of 2019 Kunal Tekam, aged about 21 years, S/o Nipendra Tekam, By caste Gond, R/o Mahurbandpara, Thana and Tahsil Kanker District U.B.Kanker (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Kanker, District U.B. Kanker (CG) ---- Non-applicant For Applicant : Mr. Parag Kotecha, Advocate.

For Non-applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.03.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with crime No. 204/2018 registered at Police Station Kanker, District U.B. Kanker for the offence punishable under Sections 457, 380, 411, 414 of Indian Penal Code.

3.

Case of the prosecution, in brief is that complainant Chiranjeev Sarkar is a resident of village M.G. Ward Bhattipara Kanker. Between 08.06.2018 to 11.06.2018, some unknown persons stole cash Rs.65,000/-, one watch, one flower pot, one camera of Sony company and 06 silver coins from the house of the said complainant. On the memorandum of applicant, one camera of Sony company and cash Rs.490/- were seized from him.

4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent of the applicant is reported in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-