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High Court Of ChhattisgarhMCRC/4970/2016allowed

Rupesh Kumar Shukla And ANR. v. State Of Chhattisgarh

2016-08-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4970 of 2016

1. Rupesh Kumar Shukla S/o Shri Satyaprakash Shukla Aged About 38 Years By Caste Brhmhan, R/o Kundrapara Bairan Bazar Raipur, District Raipur, Chhattisgarh.

2. Jageshwar @ Jagesh S/o Dhano Nayak Aged About 26 Years By Caste Oriya, R/o Kundrapara Bairan Bazar Raipur, District Raipur, Chhattisgarh.

--- Applicants

Versus

• State of Chhattisgarh through District Magistrate, Balod, Police Station Gurur, District Balod, Chhattisgarh. --- Respondent For the applicant :

Mr. C.R. Sahu, Advocate For the Respondent :

Mr. Anupam Dubey, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 107 of 2002 registered at P.S. Gurur, Distt. Balod (C.G) for the offence punishable under Sections 379/34.

2. This is a case of bail jump. A case was registered against the applicants for the reason that they have committed theft of Rs.40000/- on 27.4.2002 from complainant G.Venkata Reddy.

3. Learned counsel for the applicants would submit that there were three accused in this case and one of the accused died, therefore,l due to some confusion, the applicants had not appeared and they have been arrested and are in jail since 04.07.2016. He prays for releasing them on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Earlier the applicants were enlarged on bail but due to non-

appearance before the court below in connection with Criminal Case No.291/2006, they have been taken into custody on 04.07.2016 and since then they are in jail.

6. Considering the fact that it is a case of bail jump and further taking into nature of allegations, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o