High Court Of ChhattisgarhMCRC/5058/2020rejected

Shambhu Vaishnav v. State Of Chhattisgarh

2020-09-17Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5058 of 2020 • Shambhu Vaishnav S/o Lakhan Vaishnav aged about 20 years, R/o Indira Colony, Baloda Bazar, P.S. City Kotwali, Baloda Bazar, District-Baloda Bazar, Bhatapara, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, P.S.- Baloda Bazar, District-Baloda Bazar, Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. Om Prakash Sahu, Adv.

For Respondent/State :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/09/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 102/2020 registered at Police Station Baloda Bazar, DistrictBaloda Bazar, Bhatapara (C.G.) for the offence punishable under Sections 457 and 380 of IPC.

2. The prosecution story in brief, is that the complainant lodged a report that the unknown persons have committed theft 05 numbers of 11 k.v. feeder meter, 04 numbers of LTC meter, 04 numbers of main switch, 60 numbers of Core Copper Aarmed meter and other article total valuation of Rs. 45,000/- from the S.T.M. ofÏce, and on the basis of memorandum statement the present applicant has been arrested on 12.06.2020.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that police has arrested to the present applicant only on the basis of memorandum

statement and the police has not seized any said article from the applicant. He also submits that the applicant is in jail since 12.06.2020, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application submitting that the applicant did a very serious offence. The applicant is a habitual offender and there are five similar cases against the applicant, therefore, no case is made out to release the applicant on bail.

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

6. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

7. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge H.L.Sahu