Anil Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1600 of 2019 Anil Sharma S/o Kishanlal Aged About 34 Years R/o Upadhyay Nagar, Police Station - D.D. Nagar, Raipur, Tahsil And District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh . ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri V.R. Tiwari, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No. 14/2019 registered at Police Station Kotwali, Raipur, District Raipur (C.G.) for the offence punishable under Section 380 of IPC and Section 25 of Arms Act.

3. Case of the prosecution, in brief is that complainant Badruddin is the licensee arms seller. His shop is situated at Sadar Bazar, Raipur. On 12/01/2019 at about 04.20 p.m. applicant stole one licensee gun 12 Bore double barrel No. 181 from the shop of the complainant which was seized from the applicant.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any such type of crime in future, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde