High Court Of ChhattisgarhMCRC/6966/2015allowed

Mukesh Baghel v. State Of Chhattisgarh

2015-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6966 of 2015 • Mukesh Baghel S/o Shri Vishnu Baghel Aged About 21 Years R/o Bhatapara, Village - Dunda, P. S. - Sejbahar, Raipur, Tahsil and District (Revenue & Civil) - Raipur (Chhattisgarh). ---- Petitioner

Versus

• State of Chhattisgarh Through : Station House Officer, Sejbahar, District - Raipur (Chhattisgarh). --- Respondent For the applicant :

Mr. Yogesh Pandey, Advocate For the Respondent :

Mr. Anant Bajpai, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 56/2015 registered at P.S. Sejbahar, Distt. Raipur for the offence punishable under Sections 379, 411, 34 of IPC.

2. Case of prosecution, in brief, is that complainant Kartik Nirmalkar lodged a report that his motorcycle which was parked outside the house was stolen and after the report, the investigation was made wherein it was found that the applicant has stolen the motorcycle and further sold it to Bharat Joshi for Rs.15,000/-.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and since there has been monetary dispute between the complainant and the applicant, a false report has been made against him. He further submits that the charge sheet has been filed in this

case and prays for releasing the applicant on bail.

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

5. Having regard to the totality of the facts and circumstances and considering the fact that the the seizure has already been effected; the charge sheet in this case has been filed and looking into nature of allegations and the detention period of the applicant, I am inclined to release the applicant on bail. Accordingly, the application is allowed.

6. 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 . He is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao