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High Court Of ChhattisgarhMCRC/4375/2018allowed

Ramesh Kumar Shukla v. State Of Chhattisgarh

2018-07-03Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4375 of 2018 Ramesh Kumar Shukla S/o Shri Beni Ram Shukla Aged About 29 Years R/o- Village Dhengi, P.S.- Baidhan, District- Sinrauli, Madhya Pradesh --- Petitioner

Versus

State of Chhattisgarh through- Out Post- Balangi, P.S. Raghunathnagar District- Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh --- Respondent For the applicant :

Mr. Bhupendra Singh, Advocate.

For the Respondent :

Mr. Madhunisha Singh, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 7 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.86/2017 registered at Police Outpost Balangi, P.S. Raghunathnagar, District Balrampur (C.G) for the offences punishable under Sections 457, 380/34 of IPC

2. As per the prosecution case, a report was made by one Umesh Kumar Kesri that on 22.11.2017 from his shop as many as 55 mobiles were stolen. Subsequently the applicants were arrested and during investigation, he admitted that he has stolen along-with other accused.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and though 55 mobiles are alleged to have been stolen but it is stated that only 3 mobiles were recovered from the applicant. He further

submits that the charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 26.03.2018, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the facts and circumstances of the case especially the fact that the offence is triable by the JMFC, charge sheet has been filed and the applicant is in jail since 26.03.2018, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o