Rambaran And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3104 of 2019 1.

Rambaran S/o Shivprasad, aged about 22 years Caste Gond, R/o Village Katkona, Tahsil- Khadgawan, District Koriya (C.G.). 2.

Bhagwan Singh S/o Sitaram, aged about 23 years Caste Gond, R/o Village Pali, Tahsil Pondiuproda, District Korba (C.G.). 3.

Rajkumar S/o Ram Singh, aged about 24 years, Caste Gond, R/o Village Jalke, Tahsil Pondiuproda, District Korba (C.G.). ----Applicants

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station Pasan, District Korba (C.G.) ---- Respondent For Applicant :

Mr. H.A.P.S. Bhatiya, Advocate on behalf of Aditya Khare, Advocate For Respondent :

Mrs. Smriti Shrivastava, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 16/05/2019 1.

The Applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 29/2019 registered at Police Station Pasan, District Korba (C.G.) for the offence punishable under Sections 457 and 380/34 of the IPC. 2.

As per prosecution story, on 25/03/2019 a report was lodged by Sushil Kumar, Manager of Rani Atari Land Mine alleging therein that some unknown persons have stolen cable wire total amounting to Rs. 50,000/-. On the basis of that, offence has been registered. During course of investigation, some stolen articles have been seized from Rambaran

(Applicant No.1) and on the basis of his memorandum statement, other Applicants have been implicated in this case. The Applicants have been arrested on 29/03/2019.

3.

Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the matter. He further submits that the Applicants are in custody since 29/03/2019, there is no criminal antecedent against the Applicants and trial will take time, therefore, the Applicants may be released on bail.

4.

Counsel appearing on behalf of the State opposes the bail application. 5.

I have heard learned counsel for the parties. 6.

Considering the entire facts and circumstances of the case, particularly that the Applicants are in custody since 29/03/2019, there is no criminal antecedent against the Applicants and trial will likely to take time, I am inclined to release the Applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicants shall be released on bail on their executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, they will appear before the Trial Court on each and every date given by the said Court. Sd/- (Arvind Singh Chandel) Judge Rahul