Abhishek Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1328 of 2017 • Abhishek Singh S/o Anil Singh, Aged About 18 Years R/o New Laxmi Nagar, Adarsh Nagar, Mowa, Police Station Pandri, Tehsil- Raipur, District- Raipur, Chhattisgarh, --- Applicant

Versus

• State of Chhattisgarh Through, Station House Officer Tikarappara, Tehsil & Distrtict- Raipur, Chhattisgarh, --- Respondent For the applicant :

Mr. Sarfaraj Khan, Advocate For the Respondent :

Mr. N.K. Mehta, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.03.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No.515/2016 registered at P.S. Tikarapara, Tehsil & Distt. Raipur (C.G) for the offence punishable under Sections 454, 380/34 of IPC.

2. As per the prosecution case, a complaint was made by Vinay Dubey who is running a gun shop in Raipur stating that on 28.12.2016 one customer Vivek Kumar Gupta came to his shop with a licensed 32 bore revolver for cleaning/servicing and the shop-keeper gave it to his worker Praveen Sharma for cleaning. When the worker Praveen Sharma was cleaning the said gun in the service room, at that time, a parcel came from Calcutta and the owner asked the worker Praveen Sharma to take delivery of the same. After some time, when the customer Vivek Gupta came to the shop and asked Praveen Sharma to give his revolver, the said revolver was found stolen. On the basis of CCTV footage, the applicant

was arrested and the gun was recovered.

3. Learned counsel for the applicant would submit that the charge sheet in this case has been filed, no further investigation is necessary, the applicant is a student and is in jail since 06.01.2017, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary. It appears that the applicant is a student of 18 years old. Considering the facts and circumstances of the case especially the fact that the charge sheet has been filed; no further investigation is necessary and looking to the age of the applicant who is in jail since 06.01.2017, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o