Manish Suryawanshi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4754 of 2018 Manish Suryawanshi, S/o. Late Manohar Lal Suryawanshi, Aged About 28 Years, R/o.- Village Nargoda, P.S. Seepat Tahsil And District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through- The Police Station Sarkanda, DistrictBilaspur, Chhattisgarh. ---- Respondent For Applicant :

Mr. P.K. Tulsyan, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/08/2018 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.432/2017, registered at Police Station- Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Section 379 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 31.01.2018. No case is made out against him according to the material present in the charge-sheet. Hence, it is prayed that the applicant may 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.

The complainant Laxmi Devi has lodged FIR against unknown person about snatching her chain. Subsequently, some articles namely six motor cycles and gold ornaments have been seized from the possession of this applicant on suspicion that these articles may be stolen articles. Hence, the connection of this seizure has been made by the investigation officer with this case.

6.

Considered the submissions made and the contents of the case diary. No test identification parade has been conducted, hence, after due consideration of all the material present on record, 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