Bodhan Lal Sahu @ Lalji Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7421 of 2021 Bodhan Lal Sahu @ Lalji Sahu, S/o Shri Anand Ram Sahu, Aged about-25 Years, R/o. Village - Gongal, P.S. Patewa, District Mahasamund (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Patewa, District Mahasaund (C.G.) ----Non-applicant For Applicant : Mr. Rishi Sahu, Advocate. For Non-applicant : Mr. B.P. Banjare, Dy. Govt. Advocate. Hon'ble Mr. Justice N.K. Chandravanshi Order On Board 10-11-2021 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 211/2021 registered at Police Station Patewa, District Mahasamund (C.G.) for the offence punishable under Sections 457 & 380 of the IPC.

(2) Case of the prosecution, in brief, is that in the applicant & other co-accused persons theft one LED TV amounting to Rs.3,500/- and cash of Rs.5,000/- from the shop of complainant Shivcharan Patel. On being report, present crime was registered against the applicant. During investigation, LED TV was seized from the possession of co-accused Krishna Kumar & Krish whereas Rs. 5,000/- cash was seized from the possession of co-accused Shekhar Patel.

(3) Learned counsel appearing for the applicant would submit that the applicant has not committed alleged crime and he has been falsely implicated in the crime in question, as alleged LED TV worth Rs.3,500/- and cash of Rs.5,000/- have not been

seized from his possession. He would further submit that applicant is languishing in jail since 23.8.2021; charge sheet has already been filed and the offence registered against the applicant is triable by Judicial Magistrate, First Class, therefore, the applicant may be enlarged on regular bail.

(4) Per contra, counsel for the State opposes the bail application. (5) Considering the facts & circumstances of the case; nature & gravity of the offence, further considering the facts charge-sheet has already been filed; detention period of the applicant; and the offence registered against the applicant is triable by Judicial Magistrate, First Class, I feel inclined to allow the bail application filed by the applicant. Accordingly, the bail application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Certified copy, as per rules.

Sd/- (N.K.Chandravanshi) Judge D/-