Asgar Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7236 of 2015 Asgar Khan S/o Hafij Khan Aged About 47 Years (Not Mentioned In The Certified Copy Of Order), Resident Of Kota, Ward No. 12, Raipur, Tahsil & District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, P.S. Rudri, Civil & Revenue District Dhamtari Chhattisgarh ---- Respondent For applicant - Shri A.P. Sharma, Advocate.

For Respondent/State - Shri S.R.J. Jaiswal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 22/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 129/2015 registered in Police Station Rudri, Civil and Revenue District Dhamtari (C.G.) for offence punishable under section 379, 411, 34 of Indian Penal Code. 2.

As per the prosecution case a report was made on 10/07/2015 that mobile were not working and subsequently the tower of the reliance company was inspected and it was found that power room of battery were broke down and 48 batteries were stolen and on such report investigation was made from this applicant. Subsequently, it was found that batteries were destroyed and the materials inside the battery were sold to this applicant 3.

Learned counsel for the applicant submits that goods which was seized from possession of this applicant are available from the open market and he has been falsely implicated in this case. He submits that charge sheet has been filed, therefore learned counsel prays for release of the applicant on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the facts and circumstances of this case, considering the nature and degree of allegation, charge sheet having been filed, considering the detention of the applicant that he in jail since 5/11/2015, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri