High Court Of ChhattisgarhMCRC/6000/2018allowed

Ramsharan Sahu v. State Of Chhattisgarh

2018-09-13Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6000 of 2018 • Ramsharan Sahu S/o Ramau Sahu Aged About 22 Years R/o- Arand, Rajim, Police Station Rajim, District- Gariyaband, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station D.D. Nagar, Civil And Revenue District- Raipur, Chhattisgarh. ---- Respondent For Applicant : Shri Dashrath Kushwaha, Advocate.

For Respondent/State : Shri Vivek Singhal, Panel Lawyer. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 13/09/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 06/2017, registered at Police Station D.D. Nagar District Raipur (C.G.) for the offence punishable under Section 379 of the IPC.

2. As per the prosecution story, on 08.01.2017 a motorcycle of complainant Deepak Kumar has been stolen by some unknown person from the parking of Durga college Raipur, thereafter he lodged a report, during course of investigation on the basis of memorandum statement of the present applicant, the said motorcycle was recovered from him and he has been arrested on 27.07.2018.

3. Shri Dashrath Prajapati, learned counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case, he further submits that the

applicant has no criminal antecedent, he is in custody since 2707-2018 and trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedent, he is in custody since 27-07-2018, offence is triable by JMFC and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Shubham Judge