Devendra Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6582 of 2015 Devendra Kumar S/o Lakshmi Prasad Mordhavre Aged About 24 Years Occupation Labourer, R/o Near Khandelwal Bans Tall Kanchanbagh, P.S. Kotwali, Tah. & Distt. Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate Rajnanadgaon, Chhattisgarh.

---- Respondent For applicant - Shri S.S. Baghel, Advocate.

For Respondent/State - Shri Vivek Singhal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 2/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.526/2015 registered in Police Station Kotwali Rajnandgaon for offence punishable under section 457, 380 of the Indian Penal Code.

2.

As per the prosecution case on 16/08/2015 the lock of the house of Brij Kishore was found to be broken and house hold items were stolen. Therefore, report was made. During investigation present applicant was arrested and from his possession one mobile phone was seized which belonged to the complainant.

3.

Learned counsel for the applicant submits that charge sheet in this case has been filed and the applicant is in jail since 1/10/2015 and there is no further evidence is required and also there is no chances of

tampering of the evidence, therefore this applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the facts and circumstances of the case, further taking into consideration nature and gravity of offence against this applicant and further considering the fact that seizure has already been made, applicant is in jail since 1/10/2015, charge sheet having been filed and also offences are triable by JMFC, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri