Bhagwat Chandrakar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4616 of 2018 Bhagwat Chandrakar, S/o. Jeetu Chandrakar, Aged About 30 Years, R/o. Village Bawankera, Post Office and Police Station - Patewa, Tahsil Mahasamund District Mahasamund Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : The Station House Officer, Police Station Bagbahara, District Mahasamund Chhattisgarh.

---- Respondent For Applicant :

Mr. Shivendu Pandya, Advocate For Respondent :

Mr. Anupam Dubey, Dy. G.A.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/07/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 122/2018, registered at Police Station- Bagbahara, District - Mahasamund (C.G.) for the offence punishable under Section 420 of the Indian Penal Code and Section 63 of Copy Right Act.

2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 15.06.2018. No case is made out on the basis of the material present in the case diary. Hence, it is prayed that the applicant may also be enlarged on bail. 3.

On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect. 4.

I have heard the learned counsel for the parties and perused the documents placed on record.

5.

On a complaint made by the representative of the Castrol Engine Oil Company, police personnel of Police Station - Bagbahara, District - Mahasamund raided the shop of this applicant in which 40 containers of fake Castrol oil of 1 liter each worth Rs.12,720/- was found in his possession, which was seized. Hence this case. 6.

Considered the submissions made and the contents of the case diary. After consideration on all the material present in the case diary, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram