High Court Of ChhattisgarhMCRC/6555/2018allowed

Chandra Shekhar Patel v. State Of Chhattisgarh

2018-10-04Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6555 of 2018 • Chandra Shekhar Patel S/o Vishram Patel Aged About 22 Years Caste Marrar R/o Village J. Sankara, Police Station And District Balod, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Balod, District Balod, Chhattisgarh ---- Respondent For Applicant : Shri Malay Shrivastava, Advocate.

For Respondent/State : Shri Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 04/10/2018

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. 250/2018, registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Section 380 of the IPC.

2. As per the prosecution story, on 23.07.2018 complainant lodged a report alleging that during worship at the house of the complainant, some employees of Kalpana Tent House has stolen her mobile phone. On the basis of said report, offence has been registered against unknown person. During course of investigation on the memorandum statement of the present applicant, said stolen mobile phone has been recovered and seized by the police authority and he has been arrested on 22-08-2018.

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 has no criminal antecedent, he is custody since 22.08.2018 and trial will take some

time, therefore, he 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 facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant has no criminal antecedent, he is custody since 22.08.2018 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release him 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 local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham