← Library
High Court Of ChhattisgarhMCRC/6974/2015allowed

Mangal Singh Sikh v. State Of Chhattisgarh

2015-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6974 of 2015 • Mangal Singh Sikh, S/o Late Jagtar Singh, Aged About 46 Years, R/o Kali Mandir, Near Damodar Aata Chakki, New Khurshipar, Bhilai, P.S. Khursipar, Tahsil Durg, Rev. & Civil Distt. Durg, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through P.S. Purani Bhilai, Distt. Durg, Chhattisgarh.

--- Respondent For the applicant :

Mr. Pushpendra Kr. Patel, Advocate For the Respondent :

Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 354/2015 registered at P.S. Purani Bhilai, Distt. Durg (C.G) for the offence punishable under Section 406 of IPC

2. Case of prosecution, in brief, is that the present applicant by replacing the engine of Truck of complainant in his truck used the truck of complainant, thereby breach of trust was committed.

3. Learned counsel for the applicant submits that the Panchnama was prepared which does not disclose that the replaced engine was seized. He further submits that the charge sheet has been filed and the applicant is in jail since 28.10.2015, therefore, he prays for releasing the applciant on bail

4. Per contra, learned State Counsel opposes the bail application.

5. Having regard to the nature of allegations and gravity of offence as also the fact that the charge sheet in this case has already been filed and further looking to the period of detention of the applicant as he is stated to be in in jail since 28.10.2015, I am inclined to release the applicant on bail. Accordingly, the application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao