High Court Of ChhattisgarhMCRC/6909/2015allowed

Sachin Kshatriya @ Bhuchwa v. State Of Chhattisgarh

2015-12-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6909 of 2015 • Sachin Kshatriya @ Bhuchwa S/o Late Kartik, Aged About 19 Years R/o Panchsheel Nagar Ward No.1, Police Station- Durg, Tahsil and District Durg Civil and Revenue District Durg, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through The Station House Officer Police Station Pulgaon District Durg, Chhattisgarh ---- Respondent For the applicant :

Mr. Avinash Chand Sahu, Advocate For the Respondent :

Mr. Sameer Behar, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 38/2015 registered at P.S. Pulgaon, Distt. Durg (C.G) for the offence punishable under Sections 457 & 380(34) of the IPC.

2. Case of prosecution, in brief, is that a report was made by the complainant that in the intervening of 27th & 29th of January 2015, the applicant had entered into the house of complainant and stolen the gold and silver ornaments worth Rs.32,000/- thereby the offence is committed. Subsequently on investigation the applicant was arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case; charge sheet in this case has already been filed and the seizure has already been made. He further submits that the applicant is in jail since 24.05.2015 and looking to the period of detention, he may

be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. On enquiry being made, he submits that as per the information supplied by the Police in case diary, no other offences stand registered against the applicant.

5. Having regard to the fact that the charges sheet has been filed in this case and looking to the the nature of allegations and gravity of offence and further considering the fact that the applicant is in jail since 24.05.2015, I am inclined to release the applicant on bail. Accordingly, the application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao