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High Court Of ChhattisgarhMCRC/2615/2020allowed

Kalamuddin @ Malahu v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2615 of 2020 Kalamuddin @ Malahu S/o Dosu Ansari Aged About 25 Years R/o Dindo, Out-PostDindo, Police Station Trikunda, District Balrampur-Ramanujganj, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Out-Post- Dindo, Police Station Trikunda, District Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent For the Applicant :

Shri Pushkar Sinha, Advocate.

For the Respondent/State :

Shri Sameer Sharma, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

14.05.2020 The default pointed out by the Registry is waived. 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.36 of 2020, registered at Police Station - Trikunda, District - Balrampur-Ramanujganj, Chhattisgarh for the offence punishable under Sections 457 and 380, 34 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 1.5.2020 and has been falsely implicated in this case. The applicant was no previous antecedents. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

The allegation against the applicant is that he has committed theft of gas burner, gas regulator and gas cylinder from Anganwadi Centre which has been seized at the instance of this applicant after lodging of FIR. 6.

Considering the fact that the applicant has no previous antecedents and the trial against the applicant is pending before the concerned Court which is likely to take some time for its conclusion, hence, I feel inclined to grant bail to the applicant in this case.

7.

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

8.

It is directed that 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 trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi