Manoj Agrawal v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 195 of 2016 Manoj Agrawal S/o Sant Lal Agrawal Aged About 42 Years R/o Kevda Badi, Bus Stand Road, Raigarh, P.S. City Kotwali, Raigarh District Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Throguh Chhattisgarh State Power Distribution Company Ltd. Sitapur, District Surguja Chhattisgarh ---- Respondent For Applicant : Mr. Mateen Siddiqui, Advocate For Respondent/State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order 27/01/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.142/2015, registered at Police Station - Sitapur, District - Sarguja for the offence punishable under Section 379, 411, 34 of I.P.C. read with Section 136, 137, 140 of the Electricity Act, 2003, and Section 3/2(A) of the Prevention of Damage to the Public Property Act, 1984 (only Section 411 applicable against the applicant).

2.

Case of the prosecution, in brief, is that on 25.06.2015, a report was made that the Transformer which was in operation at Patela was disconnected and the coil inside it was stolen away by the other coaccused and subsequently on the memorandum of the co-accused, it was informed that the said coil and copper was purchased by this

Page No.2 applicant.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case as the applicant is running a Utensil Shop and in normal routine he has purchased the goods. He would further submit that charge sheet in this case has been filed and the applicant is in jail since 23.09.2015, therefore, the counsel prays that the applicant may be enlarged on bail.

4.

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

5.

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

6.

Having regard to the fact that the seizure has already been made and the charge sheet has been filed and taking into consideration the allegation against the applicant is predominantly for purchase of stolen property and he is jail since 23.09.2015, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge gouri