Devendra Kumar Mordhavre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7120 of 2015 • Devendra Kumar Mordhavre S/o Lakshmi Prasad Aged About 25 Years R/o Kanchanbagh, Bans Tall, Rajnandgaon Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through District Magistrate Rajnandgaon Police Station Kotwali, Rajnandgaon Chhattisgarh.

--- Respondent For the applicant :

Mr. Shaleen Singh Baghel, Advocate For the Respondent :

Mr. U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 21.12.2015

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. 420/2015 registered at P.S. Kotwali, Rajnandgaon (C.G) for the offence punishable under Sections 457 & 380 of IPC.

2. Case of prosecution, in brief, is that a report was made by the complainant that in the night of 27.06.2015 at about 9.25 pm, theft of gold and silver ornaments and cash of Rs.20,000/- was committed in his house and subsequently during the course of investigation, the applicant was arrested and on his memorandum, the ornaments were seized from his possession.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the charge sheet in this case has been filed, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail and

submits that in earlier offense, similar nature of allegations were levelled against the applicant was committed by the applicant where certain goods and mobile phones were recovered and in the present case the stolen ornaments have been identified by the complainant.

5. Taking into the allegations that the applicant was involved in similar nature of offence and again it is repeated within a short span of time and considering the evidence available I am not inclined to release the applicant on bail. Accordingly, this application is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao