Dinbandhu Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4233 of 2016 Dinbandhu Patel S/o Shri Keshav Patel Aged About 27 Years Occupation Agriculture R/o Village Kurrubhata Police Station Bhupdevpur Tahsil Kharsiya District Raigarh Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Police Station Bhupdevpur Tahsil Kharsiya District Raigarh Chhattisgarh. ---- Respondent For applicant - Ms. Deepali Pandey, Advocate. For Respondent/State - Shri Neeraj Jain, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 2/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.76/2016 registered in Police Station Bhupdevpur, District Raigarh (C.G.) for offence punishable under sections 457, 380, 411/34 of I.P.C.

2.

As per the prosecution case, in the intervening night of 2-3rd May, 2016 LED TV was stolen from the house of Sant Kumar Thakur the complainant and the report was made. Subsequently, other co-accused Krishna, Gopal and Karan were arrested and on their memorandum it was revealed that the applicant has purchased the said TV. 3.

Learned counsel for the applicant submits that the applicant is the bonafide purchaser and he has purchased the said TV for consideration and Rs.16,000/- was paid and therefore no allegation can be attributed to this applicant, therefore the applicant may be released on bail. 4.

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

Perused the memorandum of the accused Chandraprakash @

Krishna on whom allegation of theft is alleged. He stated that applicant has purchased the goods for Rs.16,000/-. Considering such statement, without further observation on the merits, 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