← Library
High Court Of ChhattisgarhMCRC/7983/2017allowed

Bindu Manikpuri v. State Of Chhattisgarh

2018-02-28Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7983 of 2017 • Bindu Manikpuri S/o Babulal Manikpuri, Aged About 30 Years, R/o Near Shitla Mandir, Dabrapara, Chunabhatti, Thana Ganj Raipur Chhattisgarh Mob. No. 9301501047, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Thana Ganj Raipur Chhattisgarh , Chhattisgarh ---- Non-applicant For Applicant - Shri Avinash Chand Sahu, Advocate. For Non-applicant/State - Shri Vivek Singhal, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 28-02-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 26-03-2017 in connection with Crime No.133/2017 registered at P.S. Ganj Raipur, Chhattisgarh for the offence under Section 380, 457 of the IPC.

2.

It is submitted on behalf of the applicant, that the applicant has been falsely implicated in this case. The applicant is in jail since 26-03-2017. The offence alleged against him is triable by JMFC. Hence, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

The FIR was lodged by complainant Damini Sahu stating that a theft has been committed from her place of residence, in which some silver jewelry, some coins and one mobile, all property of Rs.11,700/-, were stolen by some unknown thief. During the course of investigation, at the instance of this applicant, the property has been seized from this applicant which has been identified as the stolen property. Hence, this case. 6.

Considered on the submissions made and the contents of the case

-2diary.

7.

Considering the facts that there is no previous history, any criminal antecedent against this applicant, he is local resident of District Raipur, no purpose would be served if he is kept in detention till conclusion of the trial, I am of this view that the applicant should be released on bail during pendency of the trial against him.

8.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil