Dipanker Bhakt v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 27 of 2016 Dipanker Bhakt S/o Swapan Bhakt Aged About 28 Years R/o. Staff Colony Bande Village Bande P.S. Bande Tahsil Pakhanjur Revenue & Civil District North Bastar Kanker Chhattisgarh ----Applicant

Versus

State Of Chhattisgarh Through : The Police Station Bande, District North Bastar Kanker Chhattisgarh ---- Respondent For applicant - Shri P.K. Tulsiyan, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 20/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 65/2015 registered in Police Station Bande District North Bastar Kanker (C.G.) for offence punishable under section 454, 380, 411/34 of Indian Penal Code. 2.

As per the prosecution case a complaint was made by complainant, Smt. Radha Kaushal alleging that 36 old silver coins were stolen from her house and on enquiry it was found that the applicant along with other coaccused Rajesh Haldar came to the house of the complainant and consumed drink along with the husband of the complainant, subsequently 6 coins were recovered from the co-accused Rajesh Haldar. 3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and seizure has already been made, no further evidence is required, therefore, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the facts and circumstances of the case, charge

sheet having been filed and recovery has already been made, taking into account degree of allegations and applicant is in jail since 2/10/2015, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri