Aditya @ Goldi Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6184 of 2018 Aditya @ Goldi Pandey S/o Late Gourishankar Pandey Aged About 19 Years R/o Prabhat Chowk Chingrajpara, Police Station Sarkanda, District Bilaspur CG ---- Applicant

Versus

State Of Chhattisgarh through Station Housel Officer, Police Station City Kotwali Bilaspur District Bilaspur CG ---- Respondent For applicant Mr. V.R. Tiwari, Adv.

For Respondent/State Mr. Vasim Miyan, PL Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 4-101. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 181/2018 registered in police station City Kotwali, Bilaspur, Distt. Bilaspur (CG) for offence punishable under Section 379/2018.

3. Prosecution story in brief is that on 9-4-2018 at about 9.15 pm in front of Vishnu Agency, the applicant stolen a motorcycle bearing registration No. CG 07 LH 7112 from possession of the complainant Manoj Singh.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail. The offence is triable by JMFC.

5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. He further submits that one more offence under Section 392 of the IPC is already registered against the applicant.

6. Looking to the above facts and circumstances of the case, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to

the applicant. Consequently, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial and he will not involve himself in any crime in future, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak