Sadan Chaudhari & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6145 of 2020

1. Sadan Chaudhari S/o Late Pradeep Kumar Aged About 20 Years R/o Parsdiha, Police Chowki Wadrafnagar, PS Basantpur, District Balrampur-Ramanujganj, Chhattisgarh

2. Rahul Khaira S/o Vinod Kumar Khaira Aged About 18 Years R/o Parsdiha, Police Chowki Wadrafnagar, PS Basantpur, District Balrampur-Ramanujganj, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through- Police Chowki- Wadrafnagar, PS Basantpur, District Balrampur-Ramanujganj, Chhattisgarh ---- Respondent For Applicants :

Shri Jitendra Shrivastava, Advocate For State :

Shri Rahul Jha, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/10/2020 Heard.

1. The applicants are arrested in connection with Crime No.114/2020 registered in Police Chowki- Wadrafnagar, Police Station - Basantpur, District Balrampur, Ramanujganj (CG) for alleged commission of offence under Sections 457, 380, 34 IPC.

2. Case of the prosecution, in brief, is that the applicants entered the house of the complainant and committed theft of valuable electronic items, valued approximately Rs.40,000/-

3. Learned counsel for the applicants would submit that the applicants have not committed any offence and false case has been prepared. He would submit that investigation is complete, charge sheet has been filed and the applicants

-2are in jail since 17.8.2020, therefore, they may be granted bail at this stage.

4. On the other hand, learned counsel for the State opposed the bail application by submitting that valuable articles and electronics equipments were stolen which were recovered from the present applicants, therefore, prima facie case is made out.

5. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration the value of articles, considering that the investigation is complete and charge sheet has been filed, I am inclined to allow the application.

6. The application is accordingly allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Sd/--/------ (Manindra Mohan Shrivastava) Judge Praveen