Khilesh Kumar Toder v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4987 of 2018 • Khilesh Kumar Toder S/o Gourishankar Toder Aged About 21 Years R/o Ghuru Ameri, Satnam Nagar, Police Station Sakri, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent For Applicant : Mrs. Smita Ghai on behalf of Mr. Goutam Khetrapal, Advocate For State/respondent : Mr. N.K. Mehta, PL for State.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 07/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.381/2018, registered at Police-Station-Civil Line, District-Bilaspur(C.G.) for the offence punishable under Sections 457 & 380 of the Indian Penal Code.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He is in jail since

13.06.2018. No case is made out against him. Hence, it is prayed that applicant be enlarged on regular bail.

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

4. I have heard the learned counsel for both the parties and perused the case diary.

5. Grocery items worth Rs.7000/- were stolen from the house of complainant Anjor Das Khandekar. After lodging of FIR, some articles have been recovered at the instance of this applicant. Hence, this case.

6. As the charge-sheet has been filed before the trial Court and the applicant does not have any criminal antecedent. For these reasons, I am of this view that this is a fit case where the applicant should be released on bail during the pendency of the case against him.

7. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that applicants shall be released on bail on his 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 his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha