Laxmikant Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3605 of 2019 Laxmikant Sahu S/o Khamman Lal Sahu Aged About 18 Years R/o Near Shiv Durga Mandir, Changorabhata, Police Station D.D.Nagar, Raipur, Civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station D.D.Nagar, Raipur, Civil And Revenvue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Devesh G. Kela, Advocate.

For the Respondent/State :

Shri Adil Minhaj, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

17.07.2019 Heard.

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 of 2019, registered at Police Station - D.D. Nagar, Raipur, District - Raipur, Chhattisgarh for the offence punishable under Section 379 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 15.4.2019 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. The applicant is a young man of tender age having no criminal antecedents. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

FIR has been lodged by complainant - Deepak Wadhwa regarding the theft of his scooter by unknown person. During investigation, the stolen scooter has been recovered from the possession of this applicant. Hence, this case.

6.

Considering the submissions made and the contents of the case diary and the fact that the applicant is only 18 years of age and has no criminal antecedents and the trial of the case is likely to take some time for its final disposal, I feel inclined to grant bail to the applicant in this case. 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi