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High Court Of ChhattisgarhMCRC/4154/2015allowed

Ramayan Das @ Tingi v. State Of Chhattisgarh

2015-08-20Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4154 of 2015 Ramayan Das @ Tingi S/o Shi Mangal Das, Aged about 22 years, R/o Tikrapara Kansa Chowk, Police Station Tarbahar, Distt.Bilaspur (CG) ---Applicant

Versus

State of Chhattisgarh, Through:- Police Station Tarbahar, Bilaspur District Bilaspur (CG) ---Non-applicant For Applicant :

Mr. Dheerendra Pandey, Advocate For Non-applicant :

Mr. Vivek Shinghal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 20/08/2015 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.91 of 2015, registered at Police Station-Tarbahar, Bilaspur, Distt.Bilaspur (CG), for the offence punishable under Section 379 of the IPC.

2.

Case of the prosecution, in brief, is that the present applicant is alleged to have stolen gas cylinder owned by complainant Satish Kumar Ram on 17.4.2015 and thereby committed the aforesaid offence. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that the applicant is in jail since 19.4.2015 and chargesheet has already been filed and therefore, he may be released on regular

bail.

4.

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

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; pre-trial detention of the applicant and also considering the fact that charge-sheet has already been filed, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on 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.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-