Akbar Husain Choudhary v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1550 of 2017 Akbar Husain Choudhary S/o Abdul Husain Choudhary, Aged About 32 Years R/o Baskandi Part -3, Kajirgram, Police Station Lakhipur, District Kashar ( Assam ) At Present Telibandha, Vidhayak Colony Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Incharge, G. R. P. Thana, Dongargarh, District - Rajnandgaon Chhattisgarh ---- Respondent For applicant - Shri B.P. Singh, Advocate.

For Respondent/State - Shri Vinod Tekam, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 22/03/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 02/2017 registered in Police Station G.R.P. Dongargarh, District Rajnandgaon (CG) for offence punishable under section 379 of Indian Penal Code.

2.

As per the prosecution case, on 10/12/2016 the applicant was travelling with one Sheikh Shoeb Hassan in train Shalimar Express S-13 berth No.59 in between Rajnandgaon and Dongargarh Rs. 1,50,000/- which was kept in the bag was stolen. Therefore, named FIR was made on 10/12/2016 at Gondia Station. Thereafter, on that basis FIR has been registered on 17/01/2017.

3.

Learned counsel for the applicant submits that no evidence is on record against the applicant and neither recovery has been made nor any evidence is collected only on the presumption the applicant has been arrested as the applicant was working under the complainant and his remuneration were not paid, having asked the same false allegations

have been levelled, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the FIR wherein named FIR has been made that the applicant was travelling with the complainant and at Rajnandgaon Station he went missing along with the cash. Charge sheet has not been filed. Considering such fact, this court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri