High Court Of ChhattisgarhMCRC/3858/2019allowed

Sukhsagar Gadhewal v. State Of Chhattisgarh

2019-06-20Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3858 of 2019 Sukhsagar Gadhewal S/o Late Badriprasad Gadhewal, aged about 35 years R/o Village Matiyari, Police Station Seepat, District Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Seepat, Civil And Revenue District Bilaspur Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate.

For Respondent/State : Ms. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 20/06/2019

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. 753/2019, registered at Police Station - Seepat, Bilaspur (C.G.) for the offence punishable under Section 379 of the Indian Penal Code and 41 (1-4) of Cr.P.C.

2. As per the prosecution story, on 27.05.2019, one unnumbered motorcycle has been seized from the possession of the present Applicant in suspicious condition. On being asked he failed to produce any document relating to the said motor-cycle. On the basis of said, offence has been registered. The Applicant has been arrested on 27.05.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated. He further submits that charge-sheet has not yet been filed. The Applicant is in custody since 27.05.2019 and trial is likely to take some time.

Therefore, he may be released on bail.

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

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, particularly considering that the applicant is in custody since 27.05.2018 and trial will 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. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Saurabh