Satish Soni v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.6511 of 2020 Satish Soni S/o It. Bholanath Soni Aged About 40 Years R/o Brahmanpara District Raipur Chhattisgarh ----Applicant

Versus

State Of Chhattisgarh Through, S.H.O. Ghumka District Rajnandgaon, Chhattisgarh ---- Respondent For Applicant :

Shri B.P. Singh, Advocate For Respondent/State :

Shri Dinesh Tiwari, Dy. G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/10/2020 Heard.

1. The applicant has been arrested in connection with Crime No.42 of 2020 registered at Police Station-Ghumka, District Rajnandgaon CG for the alleged commission of offence under Section 135 (1)(A), 139, 137, 140 of The Chhattisgarh Electricity Act.

2. Prosecution case is that the applicant has been purchasing stolen articles which are used for the purposes of laying electric lines and in the present crime number, the applicant has purchased stolen article knowing-fully well it to be stolen of the valuation of Rs.38,638/-.

3. Learned counsel for the applicant would submit that he has been falsely implicated and he has not purchased any article knowing it to be a stolen article. He would submit that no seizure of any material has been made from the present applicant in connection with Crime No.42 of 2020. He would next submit that the investigation is complete, charge-sheet has been filed and that the applicant is in jail since 23.06.2020, therefore, at this stage, he may be granted bail.

4. On the other hand, learned counsel for the State opposes and submits that the applicant is involved in disposing of stolen articles from the various teams, who are indulged in committing theft of electric goods including electrical wires etc. and against him, not only present crime number but also other crime No.111/2020 has been registered, in which, huge quantity of copper wire is seized from the possession of the applicant.

-25. Taking into consideration the submission of learned counsel for the parties, nature of allegation, stolen articles said to be involved in alleged purchase and its value and further taking into consideration that the investigation is complete, chargesheet has been filed and that the applicant is in jail since 23.06.2020, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall 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/- (Manindra Mohan Shrivastava) Judge Rekha