Chetan Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6006 of 2018 • Chetan Dhruw S/o Ramji Dhruw Aged About 25 Years R/o Kailash Nagar, Beergaon, Police Station Khamtarai, District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, Civil And Revenue District Raipur Chhattisgarh ---- Respondent For Applicant : Shri Pushpendra Kumar Patel, Advocate.

For Respondent/State : Shri Vaibhav Goverdhan, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 14/09/2018

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. 343/2018, registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Section 379, 34 of the IPC.

2. As per the prosecution story, on 22.06.2018, driver of the complainant Gaindlal Baghel loaded iron rod in the Truck bearing registration no. CG 04 ZC 0167 from Fortune Metallic and parked the said truck near Bhanpuri Traffic Thana Service road and went to sleep at 10 o'clock in his house. When he came up at four o'clock in the morning, the truck was not there, it was stolen along with the iron rod. On the basis of above, report has been lodged by complainant Sonu Singh. During course of investigation and the memorandum statement of the present applicant Rs. 2,000/- has been seized from him and he has been arrested on 22.06.2018.

3. Shri Pushpendra Kumar Patel, learned counsel appearing on behalf of

the Applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant has no criminal antecedent, he is in custody since 22-06-2018 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 is in custody since 22-06-2018 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) Judge Shubham