Preetam Markandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3801 of 2019 • Preetam Markandey S/o Deepak Markandey Aged About 22 Years R/o Ward No. 12, Awaspara Sikosa, Police Station Gunderdehi, District Balod, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gunderdehi, District Balod, Chhattisgarh. ---- Respondent For Applicant : Mr. Praveen Dhurandhar, Advocate.

For Respondent/State : Mr. KK Dewangan, Dy. G.A. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 28/06/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 72/2019, registered at Police Station Gunderdehi, District Balod (C.G.) for the offence punishable under Section 457 & 380 of the IPC.

2. As per prosecution story, on 07.03.2019, complainant Parmanand lodged a report in police station alleging therein that on the intervening night of 06.03.2019-07.03.2019, some unknown person entered to his shop and stolen two printers, two desktop, one UPS, one charger, one camera, two Samsung mobile phones total amounting to Rs. 80,000/-. On the basis of said report, offence has been registered. During course of investigation, on the basis of memorandum statement of the

applicant, stolen articles have been seized from his possession and he has been arrested on 11.05.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant has no criminal antecedent, he is in custody since 11.05.2019 and trial is likely to take some time. Therefore, the applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedent, he is in custody since 11-05-2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge

Shubham