Baldev Singh @ Dev Mistri v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3500 of 2019 • Baldev Singh @ Dev Mistri, S/o Bachan Singh, Aged About 55 Years, R/o Quarter No. Lig- 2/2468, Housing Board Colony, Bhilai, Tahsil And District- Durg, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police StationKhursipar, District- Durg, Chhattisgarh. ---- Respondent _____________________________________________________________ For Applicant :

Mr. Purnendra Khichariya, Advocate.

For Respondent/State :

Mr. Lav Sharma, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 10/07/2019

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.84/2019 registered at Police Station-Khursipar, District-DUrg(C.G.) for the offence punishable under Sections 379, 34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. The applicant is in jail since 26.3.2019. No case is made out against him. The case is now before the trial Court and trial is likely to take some time before its

Page No.2 conclusion, hence, it is prayed that he may be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to prosecution case, theft of truck bearing registration No.C.G.-04-JA-6915 was reported. During the investigation, at the instance of this applicant, the same truck has been recovered and seized from the possession of this applicant. Hence, this case.

6. For the reason that this applicant does not have any criminal antecedent and trial is likely to take some time before its conclusion, I feel inclined to allow the application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bond for a 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. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha