Pawan @ Pintu Banjara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2897 of 2019 Pawan @ Pintu Banjara S/o Suresh Banjara Aged About 29 Years R/o Village Kotba, Kargil Chowk, Hospital Para, Tahsil Bagbahara, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Dharamjaigarh, District Raigarh Chhattisgarh. ---- Respondent For the Applicant :

Shri Anil Gulati, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /05/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Istgasa No.01/2019 registered at Police Station Dharamjaigarh, District Raigarh (C.G.) for the offence punishable under Section 41(1- 4) 379, 34 of IPC.

3. Case of the prosecution, in brief is that 19/03/2019 during the petrolling by police officials of Police Station Dharamjaigarh stopped one Bolero vehicle without number applicant and co-accused Sahil Khan @ Narulla were present in the said Bolero vehicle. They seized 36 Nos. of door frame of Sarai wood and 18 Nos. of Patra of Sarai wood from the trolley attached with the said Bolero vehicle. The said Bolero vehicle and trolley were in possession of applicant.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

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 the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned 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 cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde