Rahul Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7341 of 2015 • Rahul Agrawal, S/o Krishna Agrawal, aged about 20 years, R/O Pathalgaon, P.S. Pathalgaon, Civil & Revenue Distt. Jashpur Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh, Through S. H. O., Police Station - Sitapur, Distt. Surguja Chhattisgarh ---- Respondent For Applicant :

Smt. Indira Tripathi, Advocate.

For Respondent/State :

Shri Satish Gupta, Government Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.01.2016 1.

This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.08/2015 registered at Police Station - Sitapur, Distt. Surguja (C.G.) for the offence punishable under Section 379, 411/34 of the Indian Penal Code, Section 136, 137, 139 & 140 of the Electricity Act and Section 3 & 2 (A) of the Public Property Damages Act. 2.

As per the prosecution case, in brief, on 30.12.2014 certain 25 KVA transformers core winding were stolen from village Dumarbhawna and Balampur. A complaint was made by Ravishankar Yadav, Police Station Sitapur and when the investigation was made, on the memorandum of other accused person, namely, Jagdish Uraon, in Crime No.130/2015, it was discovered that the applicant has purchased the stolen goods and thereafter recovery of 12 Kg. 300 gm of copper wire was made from the possession of the applicant on the

allegation that the applicant has purchased the said copper wire which was taken out from the said transformer.

3.

Learned counsel for the applicant submits that the only allegation levelled against this applicant is that he has purchased the stolen property and 12 kg 300 gm of copper wire has been seized from this applicant. He further submits that the charge sheet in this case has been filed and the applicant is in jail since 23.09.2015, therefore, he may be enlarged on bail. 4.

Per contra, learned State Counsel opposes the prayer for grant of bail. 5.

I have heard learned counsel for the parties and perused the case diary. 6.

Having regard to the fact that the seizure has already been made and the charge sheet has been filed and further considering the fact that the allegations are predominantly for the purchase of stolen property and the applicant is in jail since 23.09.2015, I am inclined to release the applicant on bail. 7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. 8.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Certified copy as per rules.

Sd/- (GOUTAM BHADURI) Judge Anjani