Rohit Gupta v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4766 of 2016 Rohit Gupta, S/o. Ramashankar Gupta, Aged about 20 years, R/o. Ghashidas Nagar, Jamul Bhilai (C.G.), Police Station- Jamul. ----Applicant

Versus

State of Chhattisgarh, Through : District Magistrate, Durg (C.G.), P.S. - Bhilai-3.

---- Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent/State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 2 3 /08/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.36/2016, registered at Police Station - Bhilai-3 (Old Bhilai), District - Durg (C.G.) for the offence punishable under Section 381, 407, 34 of the Indian Penal Code.

2.

Case of the prosecution, in brief, is that in the intervening night of 21-22/01/2016, the applicant along with other co-accused, Heera Singh took away the Trailer, which was loaded with Iron rod worth Rs.35,00,000/- and while the Truck was taken away, the Truck was intercepted and the applicant and other co-accused were arrested. 3.

Learned counsel for the applicant submits that the applicant is only Khalasi/Conductor in the truck and he has been wrongly inculpated in the statement of other co-accused. He further submits that

Page No.2 charge-sheet in this case has been filed and the applicant is in jail since 12.02.2016, therefore, the counsel prays that the applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and further considering the fact that the charge sheet has been filed and the applicant appears to be Khalasi of the vehicle and recovery was made from the Driver of the vehicle, I am inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

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

Sd/- (Goutam Bhaduri) Judge ashok