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High Court Of ChhattisgarhMCRC/793/2016dismissed

Monu And Lalit Das v. State Of Chhattisgarh

2016-02-29Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

7 93 of 201 Monu @ Lalit Das, son of Janik Das Manikpuri, aged about 19 years, R/o. Shankarpur Chowki, Chikhali, Rajnandgaon, Tahsil & District Rajnandgaon (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through: Station House Officer, Police Station Khairagarh, District Rajnandgaon (C.G.) -----Non-applicant For Applicant:

Mr. Jitendra Gupta, Advocate.

For Non-applicant/State:Mr. Vivek Singhal, PL Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 2 /201 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 05/2015 registered at Police Station Khairagarh, District Rajnandgaon (C.G.) for the offence punishable under Section 379/34 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 19.05.2015 applicant and other co-accused persons stolen motorcycle owned by one Madan Lal Verma and thereby committed the aforesaid offence.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in detention since 20.09.2015; and the charge sheet has already

been filed and, therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case, and the material available in the case diary and the manner in which the motorcycle is said to have been stolen by the applicant along with other co-accused persons, I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-