Satya Narayan Lakra @ Bablu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1954 of 2019 • Satya Narayan Lakra @ Bablu S/o Majhiram Aged About 26 Years R/o Village Podi Khurd, P. S. Dharima, District Surguja Civil and Revenue District Surguja, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through District Magistrate, Raigarh District Raigarh, Chhattisgarh.

---- Respondent _________________________________________________________________ For Applicant : Shri Ashutosh Mishra, Advocate.

For Respondent/State : Shri V.K. Agrawal, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 04/04/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 269/2017, registered at Police Station - Dharamjaigarh, District - Raigarh, Chhattisgarh, for the offence punishable under Sections 379, 34 of the IPC.

2. As per the prosecution story, Complainant Satish Kumar Thakur lodged a report wherein it has been stated that on 27.09.2017, some unknown persons have stolen T.V.S. Apache motorcycle bearing registration number C.G. 15 C.J. 4808 from his house. During course of investigation, the said stolen motorcycle was seized from the possession of co-accused namely Ratan Lakra. It is further alleged that present Applicant was also involved alongwith co-accused Ratan Lakra in the commission of the said offence. The Applicant has been taken into custody on 09.03.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the case only on the basis of statement given by other co-accused persons. He further submits that no seizure has been made from the present Applicant. Charge-sheet has already been filed. Applicant has no previous antecedents, he is in custody since 09.03.2018 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that charge-sheet has been filed, Applicant has no previous antecedents, he is in custody since 09.03.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash