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High Court Of ChhattisgarhMCRC/6555/2017allowed

Manglu Pardhi @ Golu Pardhi v. State Of Chhattisgarh

2017-12-06Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6555 of 2017 Manglu Pardhi @ Golu Pardhi S/o Pyarelal Pardhi Aged About 20 Years R/o Village Ramera, Police Station Chhuikhadan, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police StationSaja, District Bemetara, Chhattisgarh. ---- Respondent Shri Suresh Kumar Verma, counsel for the applicant/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/12/2017 Heard.

The applicant has been arrested in connection with Crime No.189/2017 registered at Police Station - Saja, District - Bemetara (CG) for alleged commission of offences under Section 457, 380, 411/34 of IPC. 2.

Case of the prosecution is that the applicant committed theft in the house of the complainant and that some gold and silver ornaments along with cash were stolen.

3.

Learned counsel for the applicant submits that he has been falsely implicated. The seizure against him is false and there is no clear evidence to involve the applicant in the present case. Therefore, he may be granted bail. 4.

On the other hand, learned State counsel opposes bail application and submits that there are three other cases of commission of similar kind of offences which shows that the applicant is a habitual offender. It is submitted that the applicant is likely to misuse the liberty. Therefore, the application may be rejected.

5.

Taking into consideration the submission of learned counsel for the parties, particularly the pre-trial detention of the applicant of more than six months by now, I am inclined to grant bail to the applicant.

6.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- along with one local surety for the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

If the applicant is found to have committed similar kind of offence, the prosecution would be at liberty to apply for cancellation of bail. Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti