Hariram Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5968 of 2015 Hariram Patel S/o Bishat Patel Aged About 25 Years R/o Village Raital, P.S. Bhimkhoj, Tahsil Bagbahara, Rev. & Civil Distt. Mahasamund, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Komakhan, Rev. & Civil Distt. Mahasamund, Chhattisgarh. ---- Respondent For applicant - Shri K.K. Dewangan, Advocate. For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 16/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 77/2015 registered in Police Station Komakhan, Civil and Revenue District Mahasamund for offence punishable under section 379 of IPC.

2.

As per the prosecution case, on 28/08/2015 some of the pipe which were lying to be laid down in between village Teka-Tuhalu, cable was found to be missing. Subsequently, on report being made 75 metre cable was recovered from the possession of this applicant. 3.

Learned counsel for the applicant submits that charge sheet has been filed and only value of the cable is Rs.3000/- and it was not laid and he further submits that virtually there is no evidence against the applicant,

therefore he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that charge sheet is filed, applicant is in jail since 25/09/2015, taking into account gravity of the offence and detention of the applicant, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri