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High Court Of ChhattisgarhMCRC/5352/2019allowed

Sukhan Ram v. State Of Chhattisgarh

2019-09-27Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5352 of 2019 Sukhan Ram, S/o. Bajru Ram, Aged About 40 Years, R/o. Baskepi, Police Chowki-Ganesh Mod, Police Station - Balrampur, District Surguja Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police ChowkiGanesh Mod, Police Station Balrampur, District Balrampur - Ramanujganj Chhattisgarh.

---- Respondent For Applicant : Mr. Chitendra Singh, Advocate For Respondent/State : Mr. Sanjay Pathak, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/09/2019 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.34/2019, registered at Police Station - Balrampur, Chowki- Ganesh Mod, District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Section 25 of Arms Act.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 09.03.2019. The applicant has not committed any office. Charge-sheet in this case has been filed. Therefore, it is prayed that the applicant may be enlarged on regular bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect.

4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

According to the prosecution case, police personnel of police Chowki - Ganesh Mod under the police station - Balrampur made a seizure of one muzzle loading rifle from the possession of this applicant, which was kept by him without any license.

6.

Considered on the submissions made and the contents of the case diary. Considering the fact that charge-sheet in this case has been filed and the applicant does not have any criminal antecedents, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram