Golu Tandon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3797 of 2018 • Golu Tandon S/o Shri Mahesh Kumar Tandon aged about 19 Years R/o Banjinpali, Chowki Jutemill, P.S. Kotwali, Tahsil and District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant.

Versus

• State of Chhattisgarh Through Station House Officer of The Chowki Jutemill, P.S. Kotwali, Tahsil And District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondent For the applicant.

: Mr. Abhishek Saraf, Advocate.

For the respondent/State : Mr. Sanjeev Pandey, G.A.

Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 25-6-2018.

1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 10-5-2018 in connection with Crime No. 459 of 2018 registered at Police Chowki Jute-mill and Police Station Kotwali, District Raigarh (CG), for the offence punishable under Sections 457 and 380 of the IPC. 2.

Case of the prosecution is that on 10-5-2018 the present applicant was allegedly involved in commission of theft through house breaking at night in the mobile shop of the complainant and on the basis of his memorandum, mobile, recharge vouchers and cash Rs.3000/- were recovered and thereby the aforesaid offence was committed. 3.

Learned counsel appearing for the applicant would submit that the applicant is charged with an offence which is triable by the Judicial Magistrate First Class and the trial will take

sufficient time. He would further submit that the applicant has been falsely implicated in the instant case, he is in jail since 10-5-2018, therefore, he may be released on bail. 4.

On the other hand, learned State counsel opposes the application for grant of bail.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Taking into consideration the submission of learned counsel for the parties, nature of allegations, the applicant is in jail since 10-5-2018, charge sheet has been filed, the applicant is not likely to abscond or tamper with the prosecution witnesses, I am inclined to release the applicant on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules Sd/- (Ram Prasanna Sharma) JUDGE Raju