Chhotu @ Harish Sonkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1963 of 2019 • Chhotu @ Harish Sonkar S/o Late Pardeshi Sonkar Aged About 32 Years R/o Sonkarpara, Bhathagaon, Police Station Purani Basti Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Purani Basti, Civil and Revenue District Raipur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Ms. Sunita Sahu, Advocate.

For Respondent/State : Ms. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/05/2019

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. 79/2019, registered at Police Station - Purani Basti, District - Raipur, Chhattisgarh, for the offence punishable under Sections 380, 457 of the IPC.

2. As per the prosecution story, on 21.02.2019, complainant namely Kamal Narayan Sonkar lodged a report wherein it has been alleged that some unknown person has stolen cash of Rs. 46,000/- from the Counter of his Kirana Shop. On the basis of the said, report has been registered. During course of investigation, on the basis of the memorandum statement of the Applicant, Rs. 46,000/- has been seized from his possession. Applicant has been taken into custody on 26.02.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He

further submits that Applicant is in custody since 26.02.2019 and trial will 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 Applicant is in custody since 26.02.2019 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