Gajendra Mourya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2881 of 2016 Gajendra Mourya S/o Bhanupratap Mourya Aged About 40 Years R/o Mourya, Aata Chakki, Shanti Para, Camp - 01 Chhawni, Bhilai, Tehsil - Durg, Civil & Revenue District - Durg Chhattiagarh ---- Applicant

Versus

State Of Chhattisgarh Through, Station House Officer, Berla, Revenue & Civil District - Bemetara Chhattisgarh ---- Respondent For applicant - Shri Surfaraj Khan, Advocate. For Respondent/State - Ms. Shobha Kashyap, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 15/06/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 103/2015 registered in Police Station Berla, District Bemetara (C.G.) for offence punishable under sections 379, 411 & 414/34 of Indian Penal Code & Section 136, 137, 139 of Electricity Act 2003 and Section 3 (2) (a) of the Prevention of Damage to Public Property Act, 1984.

2.

As per the prosecution case the applicant along with other co-accused committed theft of iron angles worth Rs.48,800/-. Subsequently, the applicant and other co-accused were arrested and certain stolen goods were seized.

3.

Learned counsel for the applicant submits that the charge sheet in this case has been filed and the applicant is in jail since 10/07/2015 and similarly placed co-accused has been enlarged on bail by the coordinate bench of this court in M.Cr.C. No.7567/2015 on 6/04/2016. Therefore, learned counsel submits that the applicant may be released on bail.

4.

Learned State counsel however do not dispute the fact that similarly placed co-accused has been enlarged on bail by the coordinate bench of this court in M.Cr.C. No.7567/2015 on 6/04/2016. 5.

Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and also for the fact that similarly placed co-accused has been enlarged on bail, 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