High Court Of ChhattisgarhMCRC/5321/2019allowed

Vinod v. State Of Chhattisgarh

2019-09-27Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5321 of 2019 • Vinod S/o Chhotelal Satnami Aged About 20 Years R/o Village Chirauti Police Station Patharia, District- Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station, Bemetara, District Bemetara, Chhattisgarh ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate.

For Non-applicant/State : Mr. C.B. Kesharwani, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 27-09-2019

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 15.07.2019 in connection with Crime No.288/2019, registered at Police StationBemetara, District- Bemetara, Chhattisgarh for offence punishable under Section 379 and 411 of I.P.C.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 15.07.2019. No case is made out against this applicant. He has been made accused only on the basis of his memorandum statement, whereas no seizure has been made from his possession. Therefore, it is prayed that he may be granted bail.

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

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, the complainant- Chaitram Yada v

-2lodged an F.I.R. regarding the theft of his 37 goats. During the investigation, at the instance of this applicant, the goats were recovered and seized from one co-accused- Lalit.

6. Considering that this applicant does not have any criminal antecedent and the case is now pending for trial, therefore, I feel inclined to allow this application.

7. 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.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Monika Judge