High Court Of ChhattisgarhMCRC/2502/2021allowed

Sanjay Khare v. State Of Chhattisgarh

2021-08-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

AFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2502 of 2021 Sanjay Khare S/o Rajendra Khare Aged About 25 Years R/o Tikrapar, Near Vikram Tailor, Mochipara, P.S.- City Kotwali, Bilaspur, District Bilaspur, Chhattisgarh --- Applicant

Versus

State of Chhattisgarh through the Station House Officer, Police Station- Tarbahar, District- Bilaspur, Chhattisgarh. --- Respondent For the Applicant :

Mr. Rajeev Kumar Dubey, Advocate.

For the Respondent :

Mr. Ashish Tiwari, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .08.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 35/2021 registered at Police Station Tarbahar, District Bilaspur (C.G) for the offences punishable under Sections 380 & 457 of IPC.

2. As per the prosecution case, a report was made on 08.02.2021 that one Abdul Rashid Khan had gone to Ujjain and thereafter certain repairs were to be made by the plumber, therefore, Keys were given. Thereafter when they reached to the house it was found that the main gate lock was found broken opened and the goods were stolen. Subsequently, the applicant was arrested and the ornaments were seized on his memorandum.

3. Learned counsel for the applicant submits that the charge sheet has already been filed, the applicant is in jail since

03.03.2021 and no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the nature and gravity of allegations as also the fact that the applicant is in jail since 03.03.2021, charge sheet has been filed and no further investigation is necessary, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao