High Court Of ChhattisgarhMCRC/7304/2015allowed

Ajay Kumar Sahu v. State Of Chhattisgarh

2016-01-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7304 of 2015 Ajay Kumar Sahu, aged about 35 years, son of Shri Santilal Sahu, resident of village Dandia Pali, Tahsil and P.S. Brahmani, Tarang, Civil & Revenue District Sundargarh (Odisha) ... Applicant Vs.

State of Chhattisgarh, through Station House Officer, Police Station G.R.P. Bilaspur, District Bilaspur (C.G). ... Respondent For the applicant :

Mr. Abhishek Saraf, Advocate.

For the Respondent :

Mr. Arvind Shukla, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.01.2016

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 47 of 2015 registered at Police station G.R.P. Bilaspur Distt. Bilaspur (C.G) for the offences punishable under sections 379 IPC.

2. As per the prosecution case, a report was lodged in GRP Station that on 03.04.2015 in the train, the applicant has allegedly committed theft of lady's handbag containing cash of Rs.11000/-, 5 passports, driving license, PAN Card, ATM Card, Samsung Mobile and one golden ring of 4 grams. Subsequently, the Samsung Mobile was recovered from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and only the mobile which has been recovered has also not been identified and the charge sheet in this case has been filed, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Taking into the nature of allegations and further taking into the fact

that the charge sheet has been filed and the applicant is in jail since 05.11.2015, I am inclined to release him on bail.

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

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao