High Court Of ChhattisgarhMCRC/3234/2019allowed

Hemant Kumar Sahu v. State Of Chhattisgarh

2019-05-20Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3234 of 2019 • Hemant Kumar Sahu S/o Amarnath Sahu Aged About 33 Years R/o VillageChharchhed, Police Station- Kasdol, District- Balodabazar- Bhatapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Urla, District- Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri R.K. Kesharwani, Advocate on behalf of Shri Prakash Tiwari, Advocate For Respondent/State :

Shri I. Lakra, GA Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/05/2019

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 04.04.2019 in connection with Crime No.185/2019 registered at Police Station Urla, District- Raipur (CG) for the offence punishable under Section 379 IPC.

2. As per the prosecution case, the applicant is said to have stolen 5 tone, 100 KG sponge iron amounting to Rs.95000/-. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has not committed any offence. He would further

submit that the applicant is in jail since 04.04.2019 and the charge-sheet in this case has been filed and no custodial interrogation would be required, therefore, the applicant may be released on bail.

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

5. Considering the entire facts & circumstances of the case and the pretrial detention as the applicant is in jail since 04.04.2019 and also taking into that the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Sanjay K. Agrawal Vacation Judge Ashu