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High Court Of ChhattisgarhMCRC/5677/2019allowed

Arun Sawra v. State Of Chhattisgarh

2019-11-18Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5677 of 2019 • Arun Sawra S/o - Shri Dhursai Sawra Aged About 30 Years R/o - Village Bairagpara, Pandariya, Police Station Pandariya District Kabirdham Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Lormi, District Mungeli Chhattisgarh.

---- Respondent For Applicant :

Mr. Dheerendra Pandey, Advocate.

For Respondent :

Mr. Anil Tripathi, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 305/2019 registered at Police Station - Lormi, District Mungeli (C.G.) for the offence punishable under Section 379 of IPC.

• The prosecution story in brief is that, on 10.07.2019, complainant Ramdhun Jaiswal has lodged a report before the Police Station, Lormi, stating therein that while he was returning from the bank after withdrawing the amount of Rs. 58,354/-, suddenly, he found that the said amount has been stolen. After competition of investigation, offence has been registered against the applicant and he was arrested on 10.07.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is in jail since

10.07.2019, there is no previous antecedent against him, therefore, the present applicant may be released on bail. • On the other hand, counsel for the State opposes the bail application.

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

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the fact that the offence is triable by Magistrate First Class and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu