High Court Of ChhattisgarhMCRC/1400/2017allowed

Mayur Sevlani v. State Of Chhattisgarh

2017-03-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1400 of 2017 • Mayur Sevlani S/o Shri Tarachand Sevlani, Aged About 19 Years R/o Gali No. 7 Telibandha, Police Station Telibandha, Tahsil & District Raipur Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through Police Station City Kotwali, District Raipur Chhattisgarh --- Respondent For the applicant :

Mr. Devershi Thakur, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.03.2017

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. 286/2016 registered at P.S. City Kotwali, Raipur Distt. Raipur (C.G) for the offence punishable under Section 392 of IPC.

2. As per the prosecution case, a report was made by one Motiram Motwani that on 24.10.2016 while he was going on his Scooter at that time 3 persons came there, stopped him and looted Rs.20,000/- and fled away.

3. Learned counsel for the applicant would submit that the applicant was working in the shop of present applicant which was evident from the statement of the present applicant. He further submits that the applicant has been falsely implicated as the FIR was lodged against the unknown persons though the applicant was known to the complainant and if any offence been committed by the applicant, the complainant would have named him, therefore, false

allegations have been made against the applicant.

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

5. Perused the case diary and the memorandum statement of the applicant as also the FIR. It appears that in the FIR, the name of applicant was not mentioned and it was lodged against unknown persons, however, in the memorandum of applicant, it was stated that he was working in the shop of complainant.

6. Considering such facts situation of the case, without any further observation on the merits of the case, I am inclined to allow this bail application.

7. 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 trial Court for his appearance before the said Court as and when directed.

Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o