Badal Sahu v. State Of Chhattisgarh,
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6425 of 2020
1. Badal Sahu S/o Rajesh Sahu, Aged About 22 Years R/o Village Rajim Police Station Rajim District Griyaband Chhattisgarh.
2. Subhan Ali S/o Raj Ali Aged About 20 Years R/o Village Rajim Police Station Rajim District Griyaband Chhattisgarh.
3. Subhan Rabbani Ali S/o Sunauwwar Ali (Wrongly Mentioned As Sunaubbar In Impugned Order) Aged About 23 Years R/o Village Rajim Police Station Rajim District Griyaband Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh, Through, Station House Officer, Police Station - Rajim District Griyaband Chhattisgarh.
---- Respondent For the Applicants :
Shri Wasim Miyan, Advocate.
For the Respondent/State :
Shri H.S. Ahluwalia, Dy. A.G.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
07.10.2020 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.0 of 2020, registered at Police Station - Rajim, District - Gariyaband, Chhattisgarh for the offences punishable under Section 41 (1)(4) of Cr.P.C. and Sections 379, 411 and 420/ 34 of the Indian Penal Code.
2.
Learned counsel for the applicants submits that the applicants are in jail since 8.9.2020 and have been falsely implicated in this case. According
to the facts of the case, the allegation against the applicants would be under Section 411 of the IPC. The applicants are local residents of Rajim, District Gariyaband and they are ready to abide by all the conditions imposed on them. 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.
As per the case, on 8.9.2020, the Station House Officer, Police Station Rajim made seizure of motorcycles from the applicants regarding which, the applicants made admission that they have purchased the same. It was found that the motorcycles had fake registration numbers, therefore, the offence under Section 41 (1)(4) of the Cr.P.C. and Sections 379, 411 and 420/ 34 of the IPC have been registered.
6.
After considering the submissions made and the facts of the case, also looking to this fact that the applicants are local residents of District Gariyaband and till date real owner of the seized property has not been found, therefore, I feel inclined to grant 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 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.
Certified copy of the order today.
Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi