Narsingh Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5448 of 2018 Narsingh Markam, S/o Shri Chaituram Markam, aged about 25 years, R/o Radha Swami Satsang Dera Chedi Khedi, Police Station Mandir Hasod, District Raipur Civil and Revenue District Raipur (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Mandir Hasod, District Raipur (CG).

---- Non-applicant For Applicant : Mr. Ajay Mishra, Advocate.

For Non-applicant : Ms. Smita Ghai, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 23.08.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with crime No.212/2018 registered at Police Station Mandir Hasod District Raipur for the offence punishable under Sections 457, 380 of IPC.

3.

Case of the prosecution, in brief is that between 01.07.2018 to 07.07.2018 the applicant has stolen domestic articles the worth of Rs.50,000/- from Radhaswami Satsang Dera situated at Chedi Khedi. 4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes the prayer for grant of bail to the applicant. He submits that no previous criminal

antecedents is reported against the applicant in police case diary. 6.

I have heard counsel for the parties and perused the case diary with utmost circumspection.

7.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence; and the trial is likely to take some more time for its final disposal, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant.

8.

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

9.

It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he shall appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail. 10.

Certified copy as per rules.

Sd/- /-Sd/- (Sharad Kumar Gupta) JUDGE L/-