High Court Of ChhattisgarhMCRC/5429/2019allowed

Madhukar Kumar Khunte v. State Of Chhattisgarh

2019-10-03Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5429 of 2019 • Madhukar Kumar Khunte, S/o Rampyare, Aged About 24 Years, Caste - Satnami, R/o Village - Dhanras, Police Station and Tehsil - Katghora, District : Korba, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh, Through Station House Officer - Katghora, District : Korba, Chhattisgarh ---- Non-applicant For Applicant : Mr. Surfaraj Khan, Advocate.

For Non-applicant/State : Mr. Shrikant Kaushik, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 03-10-2019

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 30.07.2019 in connection with Crime No.199/2019, registered at Police StationKatghora, District- Korba, Chhattisgarh for offence punishable under Sections 379/34 of I.P.C.

2. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is in jail since 30.07.2019. The applicant has not committed any offence. After completion of investigation charge sheet has been filed. Therefore, prayed that application be allowed.

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

4. Heard learned counsel for the parties and perused the case diary. According to the prosecution case, this applicant on the date of incident

-2was making an attempt to steal the pipe from an ash dike in Korba, where he was caught red handed by the CISF persons.

5. Considering that there is no criminal antecedent of the applicant and the case is now pending for trial therefore, I feel inclined to allow this application.

6. 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.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge yasmin