Sunil Kuamr Aamro v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3826 of 2018 • Sunil Kuamr Aamro s/o Shri Rup Singh Aamro, Aged About 22 Years R/o Village Luthra Sarif P. S. Sipat, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sipat, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------- For the applicant.

: Mr. Dheerendra Pandey, 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 03-04-2018 in connection with Crime No. 94 of 2018 registered at Police Station Sipat, District Bilaspur (CG), for the offence punishable under Sections 457, 380 of the IPC.

2.

Case of the prosecution is that the applicant had stolen one LCD TV, Steel Gas Stove, Ceiling Fan, Plastic Chairs and some other articles from the house of complainant Keshav Sharma.

3.

Learned counsel appearing for the applicant would submit that the charge sheet has been filed on the basis of seizure of one LCD TV, but no identification parade was conducted regarding the seized property belonging to the complainant Keshav Sharma and therefore, no offence is made out

against the applicant. He prays for releasing the applicant 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, the fact that no identification parade was conducted regarding the seized articles and charge sheet has been filed, 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.20,000/- 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 sunita