Ghanshyam Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5232 of 2019 Ghanshyam Verma, S/o. Shri Pawan Ram Verma, Aged About 23 Years, R/o. Khamhardih, Housing Board, Raipur, Tahsil and District Raipur Chhattisgarh Permanent Address - Village Sakari, Post Amera, District Balodabazar - Bhatapara Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh, Through : The Station House Officer, Police Station Khamtarai, District Raipur Chhattisgarh.

---- Respondent For Applicant : Mr. Keshav Prasad Gupta, Advocate For Respondent/State : Mr. Shrikant Kaushik, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 20/09/2019 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.254/2019, registered at Police Station - Khamtarai, District - Raipur (C.G.) for the offence punishable under Section 379 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 16.05.2019. No case is made out against the applicant according to the material present on record. Charge-sheet in this case has been filed. Therefore, it is prayed that the applicant may be enlarged on regular bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect.

4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

FIR has been lodged by complainant Manish Jain regarding theft of his motor cycle valued Rs.15,000/-. During the investigation, the stolen motor cycle has been seized from this applicant. Hence, this case. 6.

Considered on the submissions made and the contents of the case diary. Considering the facts and circumstances of the case and taking into consideration this fact that the case is now pending for trial and this applicant does not have any criminal antecedents, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram