Nishant Naidu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5600 of 2018 • Nishant Naidu S/o Sushil Naidu, Aged About 24 Years, R/o- Near Maa Bhawani Nagar Sirgitti P.S. Sirgitti, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Police Station Torwa, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ----Non-applicant For Applicant - Shri Pravin Kumar Tulsyan, Advocate. For Non-applicant/State - Shri Rahul Tamaskar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-08-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 05-05-2018 in connection with Crime No.93/2018 registered at P.S. - Torwa, District- Bilaspur, Chhattisgarh for the offence under Section 379, 411/34 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 05-05-2018. No case is made out against him. The article that has been seized from his possession has not been identified as stolen property by the complainant. Similarly placed coaccused Aman Soni has been granted bail by this Court. Hence, it is prayed that the applicant may also be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

A theft of one bag containing various articles and cash was stolen by this applicant along with co-accused persons. After lodging of the FIR one bag

-2and one camera has been recovered and seized from the possession of this applicant, regarding which no TIP has been done in the investigation. 6.

After due consideration on all the material present in the case diary and looking to the fact that this applicant does not have any criminal antecedent, I feel inclined to grant regular bail to this applicant. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil