Rashid Ahmad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6148 of 2018 • Rashid Ahmad S/o Shri Shakil Ahmad Aged About 19 Years R/o Kargi Road Kota P. S. And Tahsil Kota, District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Tarbahar, District Bilaspur Chhattisgarh ---- Respondent For Applicant : Shri Rajeev Kumar Dubey, Advocate.

For Respondent/State : Shri SRJ Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 20/09/2018

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. 244/2018, registered at Police Station Tarbahar, District Bilaspur (C.G.) for the offence punishable under Section 379 of the IPC.

2. As per the prosecution story, complainant Ranjeet Kumar Kashyap lodged a report against unknown persons alleging that his bike bearing registration no. CG-10 AD 3084 was stolen. On the basis of said report offence has been registered. During course of investigation on the basis of memorandum statement of co-accused the said motorcycle has been seized from the possession of the present applicant. Allegedly present applicant has purchased the said motor-cycle from the other co-accused persons and he has been arrested on 02-032018.

3. Shri Rajeev Kumar Dubey, 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 is in custody since 02-03-2018, charge-sheet has already been filed 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, further considering the fact that the applicant is in custody since 02-03-2018, charge-sheet has already been filed 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