Ramchandra Chouhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2307 of 2019 • Ramchandra Chouhan S/o Shri Kamla Chouhan Aged About 28 Years R/o Near Nidhi Fancy Store, Goldhar, Kailash Nagar, P.S. - Khamtarai, District Revenue And Civil - Raipur Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District - Raipur Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Shri Yogesh Pandey, Advocate.

For Non-applicant :

Shri Luv Sharma, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/04/2019

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.14/2019 registered at Police Station- Khamtarie, District Raipur (C.G.) for the offence punishable under Sections 379, 411/34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Hence, it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that the applicant stole the Iron Rods from the Truck bearing No. CG 04 JE 0277 and has been arrested by the Police on 09.02.2019, as such no case is made out for grant of bail. Hence, he is not entitled for grant of regular bail.

4. Heard learned counsel for both the parties and perused the case diary.

5. Taking into consideration the facts and circumstances of this case, I am of the opinion that this is a fit case where applicant should be released on regular bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Brijmohan