High Court Of ChhattisgarhMCRC/2179/2021allowed

Kamal Das Mahant And ANR. v. State Of Chhattisgarh

2021-07-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2179 of 2021

1. Kamal Das Mahant, S/o Bhagat Das Mahant Aged About 18 Years R/o Village Charpara Police Station Kharsia District Raigarh Chhattisgarh

2. Dhanraj Bhardawaj S/o Laxmi Prasad Bhardwaj Aged About 18 Years R/o Village Charpara Police Station Kharsia District Raigarh Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kharsia District Raigarh Chhattisgarh ---Respondent For Applicant - Shri K.K. Pandey, Advocate. For Respondent/State - Shri Ashish Tiwari, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 08/07/2021 Heard.

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 23.02.2021 in connection with Crime No. 105/2021 registered at Police Station- Kharsia District Raigarh C.G. for the offence punishable under Sections 457, 380, 34 of I.P.C.

2. As per the prosecution case, a report was made by the headmaster of government school Purena that from the smart class computer, projector, CPU, key board, mouse and USB devices were stolen

and subsequently the applicants were arrested and the projector , mouse and keyboard were recovered from the possession of the applicants.

3. Learned counsel for the applicants submit that the applicants are in jail since 23.02.2021 and the charge sheet has been filed and no further recovery is likely to be made, therefore, the applicants may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the fact that charge sheet has been filed and the applicants are in jail since 23.02.2021 and the offence is triable by Judicial Magistrate First Class, I am inclined to release the applicants on bail.

6. It is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) Judge Jyoti