Raja @ Raja Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2994 of 2019 Raja @ Raja Nishad, aged about 29 years, S/o Ramkripal Nishad, R/o village Minatara (Kharkhara), P.S. Kishanpur, District Fatehpur (UP). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Gidpuri, District Baloda Bazar Bhatapara (CG). ---- Non-applicant For Applicant : Mr. Hemant Gupta, Advocate.

For Non-applicant : Mr. S.R.J. Jaiswal, 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 counsel for the State in connection with Crime No.33/2019 registered at Police Station Gidpuri, Revenue & Civil Baloda Bazar Bhatapara for the offence punishable under Sections 379, 34 of Indian Penal Code.

3.

Case of the prosecution, in brief is that in the intervening night of 16/17.03.2019 at village Sunderavankhar, some unknown persons have stolen six drums and two cutters from the plant of L&T company. On the memorandum of applicant, Rs.1000/- have been seized from him. 4.

Counsel for the applicant submits that the applicant has not committed any offence. He is an innocent and has been falsely implicated in the present case and as such he may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application. However, he submits that there is no criminal antecedent is reported against the applicant in police case diary. 6.

Looking to the above mentioned facts and circumstances of the case, the bail application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7.

Certified copy as per rules.

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