Arvind Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5858 of 2016 Arvind Sahu S/o Shiv Kumar Sahu, Aged About 25 Years, R/o Village - Sindhouri, Police Station Rajim, District Gariyaband Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station : Rajim, District : Gariyaband Chhattisgarh ---- Respondent For applicant - Shri Rajesh Kumar Tiwari, Advocate. For Respondent/State - Shri Lav Sharma, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 27/09/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.161/2016 registered in Police Station Rajim, District-Gariyaband (C.G.) for offence punishable under sections 457, 380, 411 of Indian Penal Code.

2.

As per the prosecution case, Shiv Kumar Sahu made a report on 6/07/2016 that when he opened the shop he saw that one side of the lock of the shop was broken and after entering the shop he found that amount of Rs.1 lakh has been stolen which was kept in the shop. Subsequently, one Ishwar Yadav was arrested and on his memorandum the applicant who is the son of the complainant was arrested. Thereafter amount was found from the possession of Ishwar Yadav and Rs.1300/- was found from the possession of the applicant.

3.

Learned counsel for the applicant submits that the complainant is the father of the applicant and infact the allegations are attributed to Ishwar Yadav and only on the memorandum of Ishwar Yadav this applicant has been arrested. Therefore, learned counsel submits that the applicant may be released on bail.

4.

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

Perused the case diary and the documents. Considering the facts and circumstances of the case and also for the fact that applicant is the son of the complainant, 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.

Sd/- (Goutam Bhaduri) JUDGE gouri