Krishna Kumar Banjare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 288 of 2016 • Krishna Kumar Banjare S/o Amritlal Banjare Aged About 20 Years Caste Satnami, R/o Village Temar, Tahsil & P.S. Sakti, Distt. - Janjgir Champa Chhattisgarh. -- Petitioner

Versus

• State of Chhattisgarh through the District Magistrate Distt. Janjgir Champa Chhattisgarh. --- Respondent For the applicant :

Mr. Ishwar Jaiswal, Advocate.

For the Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.04.2016

1. Apprehending arrest in connection with Crime No. 435/2015 registered at Police Station Sakti, Distt. Janjgir Champa (C.G) for the offences punishable under section 457, 380 of IPC, the applicant has filed this application u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail.

2. As per the prosecution case, a report was made by Bhagirathi Satnami that when he was out of station, the applicant entered into house of the complainant on 26.11.2015 and has stolen cash of Rs.10,000/-, ration card, Aadhar Card & papers of motorcycle. The incident of theft was seen by Mohit Kumar Satnami, son of applicant who is aged about 15 years and subsequently when Bhagirathi came back, the FIR was lodged after 8 days.

3. Learned counsel for the applicant submits that a false accusation has been made against the applicant as the

report itself was made after 8 days and no offence has been committed by the applicant.

4. Per contra, learned State Counsel opposes the prayer for grant of bail. .

5. As per the prosecution, the incident was seen by the son of complainant namely Mohit Kumar Satnami.

6. Taking into such statement, it is not a fit case to enlarge the applicant on anticipatory bail. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao