Rahul Kumar Mahto v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3989 of 2018 Rahul Kumar Mahto S/o Chamru Mehto, aged about 20 years R/o Village Balha, Thana- Dandari, District- Begusray (Bihar).

--- Applicant

Versus

State of Chhattisgarh, Through- Station House Officer, Police Station- Saraipali, District- Mahasamund (C.G.).

---- Respondent For Applicant :

Mr. Praveen Dhurandhar on behalf of Mr. Vikas Pradhan, Advocate For Respondent :

Mr. U.K.S. Chandel, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 28/06/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 07/2018 registered at Police StationSaraipali, District- Mahasamund (C.G.) for the offence punishable under Section 25 of the Arms Act.

2.

As per prosecution story on 07/01/2018 on the basis of secret information, the police has seized one pistol and two magazines from the possession of the applicant. It is alleged that at that time, the applicant was trying to sell those articles. Offence was registered and the applicant was arrested on 07/01/2018.

3.

Learned counsel appearing on behalf of the applicant submits the applicant is innocent and has been falsely implicated in the present

case. He further submits that the applicant is in custody since 07/01/2018, charge-sheet has been filed, the matter is triable by the JMFC and the trial will likely to take some time, therefore, the applicant may be released on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly considering that the applicant is in custody since 07/01/2018, charge-sheet has already been filed, the matter is triable by the JMFC and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one local surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court.

Sd/- Judge Arvind Singh Chandel Rahul