High Court Of ChhattisgarhMCRC/6285/2018allowed

Ganesh Singh v. State Of Chhattisgarh

2018-10-05Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6285 of 2018 • Ganesh Singh S/o Shri Bahadur Singh Aged About 35 Years R/o- Village Lalpur, Police Station And Tahsil Manendragarh, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Of Police Station Charcha, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), ---- Respondent For Applicant : Shri Anil Gulati, Advocate.

For Respondent/State : Shri Bhaskar Payashi, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 05/10/2018

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. 95/2012, registered at Police Station Charcha District Korea (C.G.) for the offence punishable under Section 379 r/w Section 34 of the IPC.

2. As per the prosecution story, at the intervening night of 23.7.201824.07.2018 present applicant along with co-accused person stolen some iron articles amounting to Rs. 40,000/- from Charcha Colliery. On the basis of above, report was made by the security officer of the said Colliery. During course of investigation on the memorandum statement of present applicant stolen articles have been seized from his possession and he has been arrested on 24.07.2018.

3. Learned counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case, he further submits that the applicant is in custody since

24.07.2018 and trial will take some time, therefore, applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the fact and circumstances of the case, particularly, evidence collected by the prosecution and further considering the fact that the applicant is in custody since 24-07-2018 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant 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 appearing before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham