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High Court Of ChhattisgarhMCRC/5614/2019allowed

Vickey @ Devendra Dhruv v. State Of Chhattisgarh

2019-11-06Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.5614 of 2019 • Vickey @ Devendra Dhruv S/o Rajesh Dhruv Aged About 20 Years R/o Makeshwar Ward Dhamtari District Dhamtari Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station - Dhamtari, District - Dhamtari Chhattisgarh. ---- Respondent For Applicant :

Shri Anil Gulati Advocate.

For Respondent :

Shri Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/11/2019 • 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.243/2019 registered at Police Station - Dhamtari District Dhamtari (C.G.) for the offence punishable under Sections 457, 380/34 of IPC. • The prosecution story, in brief, is that a report was lodged by complainant Akash Bhojwani against the unknown person alleging in that some unknown person committed the theft in his shop and stolen the mobile from the shop. Subsequently, the police investigated the matter and arrested the applicant on 10.07.2019. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Charge-sheet has already been filed. The

applicant is jail since 10.07.2019, there is no previous antecedent against him, therefore, the present appellant 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, detention period of the applicant 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