Girdhari Nishad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4876 of 2016 Girdhari Nishad S/o Shri Vasudev Nishad, Aged About 24 Years, R/o Village Ghutkupali, P.S. And Tahsil Pussour, District Raigarh Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Of The Chowki Jutemill P.S. - City Kotwali, District Raigarh Chhattisgarh. ---- Respondent For applicant - Shri Abhishek Saraf, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 23/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.798/2014 registered in Police Chowki Jutemill, P/s- City Kotwali Raigarh (C.G.) for offence punishable under section 379 of IPC.

2.

As per the prosecution case, a report was made by Jageshwar on 16/10/2014 that motorcycle was stolen. While interception was made motorcycle was recovered from the co-accused Naveen Kumar Mirdha on 1/01/2016 and on his memorandum present applicant was arrested. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and only on the memorandum statement of the other co-accused he has been inculpated and no seizure has been made from this applicant, therefore the applicant may be released on bail.

4.

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

Considering the facts and circumstances of the case and also for the fact that the applicant is in jail since 15/03/2016, 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.

Sd/- (Goutam Bhaduri) JUDGE gouri