Ravi Raut v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7488 of 2020

1. Ravi Raut S/o Jhaduram Raut Aged About 28 Years Resident Of Village Thana, Krishna Chowk, P.S. Aamgaon, Dist.- Gondia, Maharashtra

2. Kamlesh Raut S/o Jhaduram Raut Aged About 25 Years Resident Of Village Thana, Krishna Chowk, P.S. Aamgaon, Dist.- Gondia, Maharashtra

3. Jai Sonwane S/o Gorelal Sonwane Aged About 25 Years Resident Of Village Thana, Krishna Chowk, P.S. Aamgaon, Dist.- Gondia, Maharashtra ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Khairagarh, Dist. Rajnandgaon, Chhattisgarh ---- Respondent For Applicants :

Shri Rakesh Pandey, Advocate For State :

Smt. Hamida Siddiqui, Dy.A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/12/2020 Heard.

1.

The applicants have been arrested in connection with Crime No.356/2020 registered at Police Station - Khairagarh, District - Rajnandgaon (C.G.) for alleged commission of offences under Section 457, 380, 34 of IPC. 2.

Prosecution case is that the applicants entered into the house of the complainant and committed theft and at the spot, they were caught along with the stolen cash of Rs.1500/- and Adhar Card belonging to the complainant. 3.

Learned counsel for the applicants would submit that they have not committed any offence. It is submitted that investigation is complete, charge sheet has been filed, therefore, at this stage, the applicants may be granted bail with appropriate conditions. 4.

On the other hand, learned State counsel opposes prayer and submits that a prima facie case is made out against the applicants because they were caught at the

spot when they were running after committing theft. He would submit that if they are granted bail, they may flee away from justice as they are not resident of Chhattisgarh. 5.

Considering the submission, nature of allegations, amount recovered and that investigation is complete and charge sheet has been filed, I am inclined to grant bail to the applicants.

6.

Accordingly, the application is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the Trial Court on the condition that - a) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) They shall not make any attempt to tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti