Janak Singh Lohdhariya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2864 of 2019 • Janak Singh Lohdhariya S/o Shiv Mangal Singh Aged About 23 Years R/o Village Lalmatti, Ringwar, Pudu, P.S. Ratanpur, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, P.S. Sirgitti, District-Bilaspur, Chhattisgarh ---- Respondent __________________________________________________________________ For Applicant : Mr. Abhishek Sharma, Advocate.

For Respondent/State : Mr. DP Singh, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 10/05/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 105/2019, registered at Police Station - Sirgitti, District- Bilaspur (C.G.) for the offence punishable under Section 457 & 380 of the IPC.

2. As per the prosecution story, the applicant is working with the complainant namely Om Prakash Manchandani in his Dal Mill, on 26.03.2019, complainant lodged a report in police station, wherein, it has been alleged that some unknown persons have stolen some cash and mobile phone total amounting to Rs. 60,000/- from his Dal Mill. On the basis of said report, offence has been registered. During course of investigation, Rs. 53,710/- has been recovered from the possession of the applicant and he has been arrested on 26.03.2019 itself.

3. Learned Counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case due

to some dispute with the complainant. He further submits that the applicant is in custody since 26.03.2019 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 26.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham