High Court Of ChhattisgarhMCRC/4646/2019allowed

Shiva @ Deepak v. State Of Chhattisgarh

2019-08-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4646 of 2019 • Shiva @ Deepak, S/o Shri Shiv Mohan Shivhare, Aged About 25 Years, R/o Farid Nagar, Supela Bhilai Police Station Supela, Tahsil And District-Durg, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The District Magistrate / Collector Durg, District-Durg, Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Raghvendra Pradhan, Advocate.

For Respondent :

Mr. Neeraj Pradhan, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/08/2019

1. This bail first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.1162/2018 registered at Police Station-Supela, District- Durg(C.G.) for the offence punishable under Sections 25 of Arms Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 03.12.2018. This applicant has not committed any offence. Chargesheet has been filed after completion of investigation. The case is triable by JMFC, hence, it is prayed that he may be released on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. A police personnel of police-station-Supela, Durg, made a seizure of 25 live cartridges from the possessions of this applicant. Hence, this case.

6. For the reason that this applicant does not have any criminal antecedent and now the case is pending for trial before the trial Court concerned, I feel inclined to allow this application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha