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High Court Of ChhattisgarhMCRC/5191/2019allowed

Farid Ahmad v. State Of Chhattisgarh

2019-08-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5191 of 2019 • Farid Ahmad S/o Siraj Ahmad Aged About 54 Years R/o Yadunandan Nagar, Bilaspur Bazar Chowk, Nearby Masjid Bilaspur, District - Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Dipka, District - Korba, Chhattisgarh ---- Non-applicant For Applicant : Mr. Goutam Khetrapal with Mr. Qamrul Aziz, Advocates.

For Non-applicant/State : Mr. Roshan Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-08-2019

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 25.07.2019 in connection with Crime No. 145/2019, registered at Police StationDipka, District- Korba, Chhattisgarh for offence punishable under Section 379 of Indian Penal Code.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 25.07.2019. No case is made out against the applicant. Hence, it is prayed that the applicant may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

4. Heard learned counsel for the parties and perused the case diary.

-25. According to the prosecution case, the applicant, who happens to be the driver of a truck transporting coal, has stolen some coal worth Rs.2815/-. Hence, this case.

6. After considering that there is no requirement of the continuous detention of the applicant for the purpose of investigation and that he has no criminal antecedents, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed.

8. On the request made by the learned counsel for the applicant that the applicant is a Muslim and the festival of Eid is on 12th of this month. Therefore, as the Courts will be closed for three days continuously, it is ordered that the applicant is at liberty to submit bail bonds before the remand Court for his release from jail.

9. Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika