Kuleshwar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3317 of 2015 • Kuleshwar Sahu s/o. Bisauha Ram Sahu, Caste- Teli, aged about 22 years, resident of village Bhurkobhat, Police Station Suregaon, Tahsil Doundi Lohara, District Balod (CG).

---- Applicant

Versus

• State Of Chhattisgarh Through: the Station House Officer, Police Station-Suregaon, District Balod (CG).

---- Respondent For Applicant :

Mr. B.P. Singh, Advocate.

For Respondent/State :

Mr. S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/7/2015 1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail, who has been arrested on 24-5-- 2015 in connection with Crime No. 19 of 2015 registered at Police Station Suregaon, District Balod (CG), for the offence punishable under Section 379 of IPC.

2.

The case of the prosecution, in brief, is that the present applicant is alleged to have stolen Pick-up vehicle bearing registration No.CG13-A-6520 owned by the complainant Nand Kishore and thereby committed the aforesaid offence.

3.

Learned counsel appearing for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case. He would further submit that charge-sheet has been filed, he is in jail since 24-5-2015 and no useful purpose would be served by detaining him in jail, therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposing the bail application would submit that there is sufficient evidence to connect the present applicant with the crime in question, therefore, he is not entitled to be released on bail.

5.

I have heard the counsel appearing for the parties and perused the case diary.

6. Taking into consideration all the facts and circumstances of the case, nature and gravity of the offence, the manner in which complainant's Pick-up vehicle has been stolen by the applicant, I am of the considered opinion that prima facie it is not a fit case where the applicant can be released on bail.

7. Accordingly, the instant bail application is liable to be and is hereby rejected.

Sd/- (Sanjay K. Agrawal) Judge Raju