Goutam Kumar Sinha & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4930 of 2018

1. Goutam Kumar Sinha S/o Reva Ram Sinha Aged About 21 Years R/o Ganjpara Near Bandha Talab Durg P.S. Durg Tehsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh

2. Shahrukh Khan S/o Majid Khan Aged About 22 Years R/o Ganjpara Near Bandha Talab Durg P.S. Durg Tehsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The District Magistrate District Durg Chhattisgarh., District : Durg, Chhattisgarh. ---- Respondent For the Applicants :

Shri A.C. Sahu, Advocate.

For the Respondent/State :

Ms. Smita Ghai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

01.08.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 460 of 2018, registered at Police Station Durg, District Durg, Chhattisgarh for the offence punishable under Sections 379, 411 and 413/34 of the Indian Penal Code. 2.

Learned counsel for the applicants submits that the applicants are in jail since 7.6.2018 and have been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed and the case is triable by the Judicial Magistrate First Class. Hence, it is prayed that the

applicants be enlarged on bail.

3.

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

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

The allegation against the applicants is that they have stolen 12 bags of wheat flour of value Rs.6,600/- from a truck bearing registration No. C.G. 07 BK 1150. After lodging of FIR by complainant - Mahesh Gawlani, the case has been registered against the applicants. 6.

Considering the entire material present in the case-diary, I feel inclined to grant regular bail to the applicants in this case. 7.

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

8.

It is directed that the applicants in this case shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi