Rajendra Kumar Mahilange v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.2758 of 2019 Rajendra Kumar Mahilange, S/o Dharamdas Mahilange, aged about 40 years, R/o Anant Vihar Colony, Raipur, District Raipur (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station City Kotwali, Raipur, District Raipur(CG). ---- Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate.

For Non-applicant : Mr. Vikram Dixit, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.37/2019 registered in Police Station City Kotwali, Raipur, District Raipur for the offence punishable under Section 392 of Indian Penal Code.

3.

Prosecution story in brief is that on 01.02.2019 at about 12:00 p.m. in front of Public Relation Office, Raipur, some unknown person came by motorcycle bearing Registration No.C.G.04-KW-2320, who had covered his face by scarf, looted Rs.1700/- from complainant Sarju Ram. On memorandum of applicant, one motorcycle bearing same registration number and Rs.1700/- were seized from him.

4.

Counsel for the applicant submitted that the applicant is an innocent and has been falsely implicated in the present case hence he may be released on bail.

5.

Counsel for the State opposed the bail application. However, he submitted that previously no criminal antecedent is reported against the applicant in police case diary.

6.

Looking to the above facts and circumstances of the case, the bail application is allowed. It is ordered that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond in the like sum of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that he shall appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail and he shall not commit any such type of offence in future.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-