Jaggu @ Girwar Jaiswal & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3191 of 2019

1. Jaggu @ Girwar Jaiswal S/o Vedram Aged About 50 Years R/o Village Chapora, Police Station Ratanpur, District Bilaspur Chhattisgarh

2. Tilak Pawle S/o Raghunandan Aged About 50 Years R/o Jagmala, Police Station Lakhanpur, District Ambikapur Chhattisgarh. At Present R/o Near Mata Choura, Kududand, Police Station Civil Line, District Bilaspur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Ratanpur Civil And Revenue District Bilaspur Chhattisgarh ---- Non Applicant For the Applicants :

Shri Nitansh Kumar Jaiswal, Advocate For Non Applicant :

Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26.06.2019

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants 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.55/2019 registered at Police Station- Ratanpur Bilaspur, Civil and Revenue District- Bilaspur(C.G.) for the offence punishable under Sections 380, 457, 34 of Indian Penal Code.

3. Case of the prosecution, in brief is that complainant Jagannath Prasad Dewangan was running a grocery shop in his house at village Ranigaon. In

the intervening night of 23-24/02/2019 some unknown persons stole golden and silver coins worth Rs.1,83,000/- from his grocery shop. On the memorandum of applicant Jaggu @ Girwar Jaiswal one iron rod, two numbers of Hexa Blade, one pair of glubs, Cash Rs.18,000/- were seized from him and from the possession of applicant No.2 Tilak Pawle, one motorcycle and Cash Rs.19,000/- were seized from him.

4. Learned counsel for the applicants submits that applicants have no criminal background, they are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

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

6. Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if each applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court with the condition that they will appear before the trial Court at 11:00 am as and when directed till trial and they would cooperate during the trial, they be released on bail.

7. Certified copy as per rules.

Sd/- Sd/-Sd/- (Sharad Kumar Gupta) Judge Parul