High Court Of ChhattisgarhMCRC/4674/2018allowed

Vishal & ANR. v. State Of Chhattisgarh

2018-07-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4674 of 2018

1. Vishal S/o Samaylal Aged About 19 Years Caste- Mahant VillageGorra, P.S.- Kotara Road, Pussour, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

2. Arun S/o Jagatram Aged About 25 Years R/o- Village Semradhih P.S. And Tahsil- Jaijaipur, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Police Station- Jaijaipur, DistrictJanjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent For Applicant : Mr. Vineet Kumar Pandey, Advocate For State/respondent : Mrs. Smita Ghai, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/07/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime No.72/2018, registered at Police Station Jaijaipur, District-JanjgirChampa(C.G.) for the offence punishable under Section 379/34 of the Indian Penal Code.

2. It is submitted by the learned counsel for applicant that the applicant

has been falsely implicated in this case. He is in jail since 26.3.2108. No case is made out against them, hence, it is prayed that he may be released on bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. According to prosecution case, applicant has stolen two number of buffalo and one number of calf of complainant Rajkumar Jaiswal. Hence, this case.

6. Considered on the entire material present in the case diary, looking to this fact that there is no criminal antecedents against these applicants. For this reason, I am of this view that this is a fit case where applicants should be released on regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that applicant shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/-each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha