Mohan @ Mohan Lal Soni v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3419 of 2016 Mohan @ Mohan Lal Soni, Aged About 39 Years, S/o Shri Kamta Prasad Soni, R/o Ward No. 9, Pendra Daffai, Thana & Tahsil Manendragarh, District Koriya, Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh, Through Police Station Tarbahar, District Bilaspur, Chhattisgarh.

---- Respondent For applicant - Shri Parag Kotecha, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 11/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 343/15 registered in Police Station Tarbahar, Distt. Bilaspur for offence punishable under sections 457, 380, 411 of Indian Penal Code.

2.

As per the prosecution case in the intervening night of 14-15/11/2015 theft was committed in the house of Dinesh Agrawal and gold article was stolen of Rs.2,50,000/-. On a report being made Raju Gond was arrested that he has committed theft and allegation against the applicant is that he has purchased the gold article and which was identified. Thereby, offence is committed.

3.

Learned counsel for the applicant submits that the applicant is the bonafide purchaser. He is clerk in the grocery shop and he has purchased the article for value, therefore applicant has not committed any offence, he is in jail since 13/05/2016 and he 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, charge sheet has been filed and applicant is in jail since 13/05/2016 and also taking into fact that he is only a bonafide purchaser, 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri