Hira Shekh & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6474 of 2018 • Hira Shekh & Ors. S/o Fariyad Shekh Aged About 27 Years Occupation Labour R/o Village Manjhapara, Beldaga, P.S. Beldaga, District Murshidabad W. B., • Innak Shekh S/o Zakir Shekh Aged About 25 Years Occupation Labour R/o Village Manjhapara, Beldaga, P.S. Beldaga, District Murshidabad W. B., • Manarul Shekh S/o Babu Shekh Aged About 33 Years Occupation Labour R/o Village Ashram Mathpara, Beldaga, P.S. Beldaga, District Murshidabad W. B., ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, P. S. Ambikapur (Dehat) (Gandhi Nagar) District Surguja Chhattisgarh, ---- Respondent For Applicants : Shri Sandeep Dubey, Advocate For Respondent : Shri S.P.Kale, Dy.AG Hon'ble Smt. Justice Rajani Dubey Order On Board 28/09/2018 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 101/2018 registered at police station Ambikapur (dehat) Gandhi Nagar, District Surguja (CG) for the offence punishable under Sections 380, 454 & 34 IPC.

As per prosecution case, on 7.5.18, report was lodged by the complainant that after breaking the lock, some unknown persons had committed theft of silver coins, utensils, gold ornaments and cash of Rs. 5,00,000/-.

Counsel for the applicants submits that the applicants are innocent and they have been falsely implicated. He submits that the applicants are in jail since 15.05.18 and the trial will take time for final disposal and therefore they may be released on bail.

On the other hand, learned counsel for the State opposes the bail application.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicants, I am inclined to release them on bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicants' furnishing a personal bond of Rs. 20,000/- with one surety each in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna