Babloo Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 4 85 of 2015 • Babloo Mishra, Aged about 40 years, S/o- Shri Rajendra Prasad Mishra, R/o- Dhaneli Bhantha, P.S.-Saragaon, Distt.- JanjgirChampa (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: P.S. Saragaon, District-JanjgirChampa (C.G.) ---- Non-Applicant For Applicant:

Shri Pawan Shrivastava, Advocate.

For Non-Applicant/State:

Shri SRJ Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/07/2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.57/2015 registered at Police Station Saragaon, District Janjgir-Champa, for the offence punishable under Section 25 of the Arms Act.

(2) Case of the prosecution, in brief, is that applicant was found in possession of one country made pistol on 12.06.2015 and, thereby, committed the aforesaid offence.

(3) Learned counsel appearing for the applicant would submit that the applicant is innocent person and he has falsely been implicated in the crime in question. He would further submit that applicant is in jail since 13.06.2015, and, therefore, the present applicant may be

released on bail.

(4) On the other hand, learned counsel for the State submits that one country made pistol has been seized from the possession of the applicant.

(5) Taking into consideration the facts & circumstances of the case; looking to the nature and gravity of the offence, in particular, the facts that applicant is in detention since 13.06.2015; and substantial investigation has already been made; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-