Ajay Bharti v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6177 of 2015

1. Ajay Bharti, S/o. Ratnu Bharti, aged 24 years, R/o. Mini Mata Nagar, Talapara, P.S. - Civil Line, Bilaspur, District - Bilaspur (C.G.) ----Applicant

Versus

1. State Of Chhattisgarh, Through : Station House Officer, Police Station - Civil Line, Bilaspur, District - Bilaspur (Chhattisgarh) ---- Respondent For Applicant :

Mr. Ajay Ayachi, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/12/2015 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 applicant who has been arrested in connection with Crime No.410/2015, registered at Police Station - Civil Line, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 457, 380 of I.P.C. 2.

Case of the prosecution, in brief, is that a report was made on 19.06.2015 by the applicant that he was informed by his neighbours that lock of his house was broken and on being investigation, it was found that few of the articles T.V. and other house hold articles worth Rs.40,000/- was stolen.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He would further submit that no articles has been seized from the applicant and the T.V. which has

Page No.2 been seized is belonged to the applicant. He would further submit that the charge sheet in this case has been filed. He would further submit that the applicant is in jail since 28.07.2015, therefore, the counsel prays that the applicant may be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6.

Having regard to the fact and the degree of the offence and the nature of allegation levelled against this applicant and further taking into facts and circumstances of the case and the fact that the charge sheet in this case has been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant 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.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram