High Court Of ChhattisgarhMCRC/2998/2018allowed

Gangaram Sahu v. State Of Chhattisgarh

2018-05-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2998 of 2018

1. Gangaram Sahu, S/o Deepak Ram Sahu, Aged About 28 Years, R/o Village Gujra, Police Station Bhakhara, District - Dhamtari, Chhattisgarh

2. Yogesh Kumar Nishad, S/o Ramlal Nishad, Aged About 28 Years, R/o Village Padampur, Police Station Sihawa, Tahsil Nagri, District Dhamtari, Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh, Through Station House Officer, Police Of Police Station City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh ---- Respondent For Applicants :

Shri Samir Singh, Advocate For Respondent - State :

Shri S.Gupta, G.A. for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/05/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 02.02.2018 in connection with Crime No.55/2018 registered at Police Station, City Kotwali, Dhamtari, District - Dhamtari (CG) for the offence punishable under Sections 457, 380, 411 read with Section 34 of IPC.

2. As per the prosecution case, a report was made by one Santosh Parekh that on 31.01.2018, from his shop and godown situated at the bus stand, pesticides and other agricultural medicines worth Rs. 2,40,000/- were stolen and thereafter on the basis of CCTV footage he lodged a complaint

against the present applicants.

3. Learned counsel for the applicants submits that applicants have been falsely implicated in the present case. There is no direct evidence against them. No offence has been made out against them. Charge sheet has already been filed and no further investigation is necessary in this case.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the case-diary. Considering the fact and circumstances of the case, particularly, that the charge sheet has been filed and the applicants are in jail since 02.02.2018, without any further observation on merits of this case, I am inclined to release them on bail.

6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Goutam Bhaduri) Vacation Judge Brij/Yasmin