High Court Of ChhattisgarhMCRC/2410/2020allowed

Mohammad Rasid @ Raju v. State Of Chhattisgarh

2020-05-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2410 of 2020 • Mohammad Rasid @ Raju S/o Mohammad Shafi Aged About 47 Years R/o Laxmipur, Near Sarswati Mandir, Tahsil And District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer City Kotwali, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondent For Applicant : Shri Prabhat Kumar Saxena, Advocate For Respondent/State : Shri Dinesh Tiwari,Dy. G.A. Hon'ble Smt.Justice Rajani Dubey Order On Board 13/05/2020

1. Heard.

2. This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.411/2019, registered at Police Station City Kotwali, District Raigarh(CG) for the offence punishable under Sections 457, 380 of the IPC.

3. As per the case of prosecution, the applicant entered in the house of Laxmneshwar Kumar Soni and committed theft of Rs.20,000 and gold and silver jewellary of Rs.40,000/-.

4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. He submits that the applicant is in jail since 24.9.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Perused the entire material available on record.

7. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the detention period of the applicant, I am of the opinion that present is a fit case to release the applicant on bail.

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

9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita