Kishan Khandelwal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4537 of 2018 • Kishan Khandelwal S/o Late Ramdhan Khandelwal, Aged About 68 Years, R/o- In front of Welcome Kirana Bhandar, Harna Bandha, Durg, Tehsil & District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationDurg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ----Non-applicant For Applicant - Mr. P. Chetan Kumar, Advocate. For Non-applicant/State - Ms. Smita Ghai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 07-06-2018 in connection with Crime No.460/2018 registered at P.S. - Durg, District Durg, Chhattisgarh for the offence under Section 379, 34, 411, 413 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 07-06-2018. No case is made out against him. Hence, it is prayed that the applicant may be released on regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

The allegation against this applicant is this, that he has made a purchase of stolen property, 12 bags of wheat flour from the co-accused persons who had stolen the same from a truck. Hence, this case. 6.

Considered on the material present in the case diary. The applicant himself is a grocery shop holder and trial against him is likely to take some

-2time, further, the case against him is triable by the JMFC, hence, for these reasons, I feel inclined to grant regular bail to this applicant. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil