High Court Of ChhattisgarhMCRC/2641/2020allowed

Bhagwan Das v. State Of Chhattisgarh

2020-05-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2641 of 2020 • Bhagwan Das S/o Shri Ramsundar Aged About 20 Years R/o Kapildeopur, Police Station Chalgali, District Balrampur-Ramanujganj, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Chalgali, District Balrampur-Ramanujganj, Chhattisgarh ---- Non-applicant For Applicant : Mr. Bhupendra Singh, Advocate.

For Non-applicant/State : Mr. Gagan Tiwari, Dy.G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14-05-2020

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 19.03.2020 in connection with Crime No.02/2020, registered at Police StationChalgali, District- Balrampur, C.G. for offence punishable under Sections 457 and 380 of I.P.C.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 19.03.2020 and has been falsely implicated in this case. There is no recovery made from the applicant. The juvenile co-accused persons have been granted bail by the Juvenile Justice Board, hence, it is prayed that this applicant may also be granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

-24. Heard learned counsel for the parties and perused the case diary.

5. According to prosecution case, this applicant and the two juvenile offenders committed house trespass and made theft of Rs.5,000/- and one motor cycle. One of the articles was recovered from the possession of this applicant. Hence, this case.

6. Considering the facts and circumstances of this case and also that the co-accused persons who are juvenile have been granted bail, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika