Hero @ Hirendra Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 426 of 2015 Hero @ Hirendra Soni, Son of Narmada Soni, aged about 53 years, R/o. Village Hasaud, P.S. Hasaud, District JanjgirChampa (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, P.S. Dabhara, District Janjgir-Champa ---- Non-applicant For Applicant:

Mr. Atanu Ghosh, Advocate.

For Respondent/State:

Mr. Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /07/2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.122/2015 registered at Police Station Dabhra, District Janjgir-Champa (C.G.), for the offences punishable under Sections 457, 380 & 411/34 of the Indian Penal Code. (2) Case of the prosecution is that the applicant is alleged to have purchased stolen property knowing it to be the stolen property and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that only charge under Section 411 IPC has been framed against the applicant, which is

punishable with imprisonment for three years or fine or both and, as such, the applicant is languishing in jail since 19.05.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

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

(5) Taking into consideration the facts & circumstances of the case; considering the facts that only charge for the offence under Section 411 IPC has been framed against the applicant, which is punishable with imprisonment of three years or fine or both; applicant is in jail since 19.05.2015; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-