Shobha Giri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4550 of 2019 • Shobha Giri S/o Dhiran Giri Aged About 50 Years R/o Village Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Rajpur, District Balrampur Ramanujganj, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Jitendra Shrivastava, Advocate.

For Respondent/State : Shri Amit Singh, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 29/07/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 121/2018, registered at Police Station - Rajpur, District - Balrampur-Ramanujganj, Chhattisgarh. for the offence punishable under Sections 379, 411 of IPC.

2. As per the prosecution story, on 03.09.2018 Complainant Laxmi Soni lodged a report against unknown person that on 05.08.2018 in the market, someone committed theft of her purse in which some jewelery, money and one Jio mobile were kept. On the basis of the said, offence has been registered against unknown person. During course of investigation, some stolen articles have been seized from the possession of the present Applicant. Applicant has been taken into custody on 25.03.2019.

3. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that co-accused namely Devesh Giri have already been granted bail by this Court vide order dated 14.05.2019 passed in

MCRC No. 2885/2019. Applicant has no criminal antecedent, he is in custody since 25.03.2019 and trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant has no criminal antecedent, he is in custody since 25.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash