Rajesh Kumar Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4049 of 2018 • Rajesh Kumar Dewangan, son of Madan Lal Dewangan, aged about 27 years, Occupation Labourer, R/o village Halahuli, P.S. and Tahsil Kharsiya, District Raigarh (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh - Through : Station House OfÏcer, P.S. Kharsiya, District Raigarh (C.G.) ---- Respondent For Applicant.

:

Shri F.S. Khare, Advocate.

For Respondent. :

Shri Vivek Sharma, G.A.

Hon'ble Shri Justice Pritinker Diwaker Order on Board /07/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 20.05.2018 in connection with Crime No.289/2018 registered at Police Station : Kharsiya, District Raigarh (C.G.) for the offence punishable under Sections 381, 411 and 34 of IPC.

2.

Learned counsel for the applicant submits that the only allegation against him is that he received 10 boxes of Lux Soap from co-accused. It has been argued that the applicant is in jail since 20.05.2018, has no criminal antecedent, the offences are triable by the Magistrate, final disposal of his case may take some and, therefore, he may be released on bail.

3.

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

4.

I have heard learned counsel for the parties and perused the record.

5.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation made against the applicant and his detention period, this Court is of the opinion that it is a fit case to release the applicant on bail. 6.

Accordingly, the application is allowed and the accused/applicant is directed to be released on bail on his furnishing a personal bond of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed. Sd/- (Pritinker Diwaker) Judge Vijay