Gulshan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2930 of 2019 • Gulshan S/o Arjun Lal Kashyap Aged About 25 Years R/o Village Ghathadwari, Police Station Urga, Tehsil And District Korba Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Pamgarh District Janjgir - Champa Chhattisgarh ----Non Applicant For the Applicant :

Shri Ajay Ayachi, Advocate For Non Applicant :

Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.

05.2019 1.

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

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.01/2019 registered at Police Station- Pamgarh, Civil and Revenue District- Janjgir-Champa (C.G.) for the offence punishable under Sections 41 (1-4), 379 of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 27.03.2019 at about 14:50 hours, at village Pamgarh, Sub-Inspector Ramkumar Lahre posted at Police StationPamgarh seized some silver ornaments from the possession of the applicant. 4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State submits that two other criminal cases have been registered against the applicant, out of which one under IPC and another under CrPC.

6.

Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond of Rs.50,000/- to the satisfaction of the concerned trial Court with the condition that he will appear before the trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7.

Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul