Rahul Chandrakar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3678 of 2018 • Rahul Chandrakar S/o Girendra Chandrakar Aged About 21 Years R/oDhol Chowk, Resali, Police Station- Nevai, District- Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station- Nevai, District- Durg, Chhattisgarh.

---- Non-applicant For Applicant : Shri S.S. Mashih, Advocate.

For Non-applicant : Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 25.06.2018 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 learned counsel for the State in connection with crime No. 68/2018 registered at Police Station - Newai, District - Durg (C.G.) for the offence punishable under Sections 380, 411 of the Indian Penal Code.

3.

Case of the prosecution, in brief is that the complainant Yamini Sahu is the resident of Dabripara, Risali Basti, District -Durg. On 02.03.2018 near about 8 am her mobile set was stolen. The brother of the complainant had seen the mobile in the hands of the present

applicant. The mobile was seized from coaccused Navneet Dewangan on his memorandum.

4.

The applicant is in custody since 24.03.2018. 5.

Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail. 6.

On the other hand, learned counsel for the State opposes the bail application, however, she submits that there is no antecedent against the applicant.

7.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, the trial will take its own time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the present applicant. 8.

Accordingly, the present bail application filed under Section 439 of the Cr.P.C., is allowed.

9.

It is directed that if the applicant furnishes one solvent surety for a sum of Rs.15,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will 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. 10.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore