Kumlal Netam v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2624 of 2020

1. Kumlal Netam S/o Shri Sayla Ram Netam Aged About 30 Years R/o Village - Jhunjhraksa, Thana- Sihawa, Civil And Revenue District - Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

2. Mohan Nag S/o Shri Shivram Nag Aged About 22 Years R/o Village Nakulnar, Thana - Nakulnar, District - Dantewada Chhattisgarh., District : Dantewada, Chhattisgarh

3. Santosh Baghel S/o Shri Kallu @ Kalnath Aged About 25 Years R/o Dornapal, Thana - Dornapal, District - Sukma Chhattisgarh., District : Sukuma, Chhattisgarh

4. Rajendra Endrik S/o Shri Tulasiram Endrik Aged About 26 Years R/o Village Pindumpal (Jangla) District - Bijapur Chhattisgarh., District : Bijapur, Chhattisgarh ---- Applicants

Versus

The State Of Chhattisgarh Through The Station House Officer Police Station - Narharpur, Police Outpost - Dudhawa, District - North Baster Kanker Chhattisgarh., District : Kanker, Chhattisgarh. ---- Respondent For the Applicants :

Shri Sunil Sahu, Advocate.

For the Respondent/State :

Shri Gagan Tiwari, 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 applicants who have been arrested in connection with Crime No.26 of 2020, registered at Police Station - Narharpur, Police outpost Dudhawa, District - North Bastar, Kanker,, Chhattisgarh for the offence punishable under Sections 427, 457, 380 and 511/ 34 of the Indian Penal Code.

2.

Learned counsel for the applicants submits that the applicants are in jail since 6.3.2020 and have been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, it is prayed that the applicants 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 applicants is that they committed theft of CCTV Camera and modem from one ATM Centre and also caused destruction in the same place.

6.

Considering the fact that the applicants are in jail since about three months and the trial of the case is likely to take some time for its final disposal, therefore, I feel inclined to grant bail to the applicants in this case. 7.

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

8.

It is directed that the applicants shall be released on bail on each of them 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 their 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