Basant Sao v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5053 of 2016 Basant Sao S/o Babaji Sao, Aged About 43 Years, R/o Ward No. 3, Bansuladeepa, P.S. Basana, District Mahasamund Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through The Station House Office, Police Station Basana, District Mahasamund Chhattisgarh. ---- Respondent For applicant - Shri Sunil Verma, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 31/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.154/2016 registered in Police Station Basana, District Mahasamund (C.G.) for offence punishable under sections 457 & 380 of IPC.

2.

As per the prosecution case, a report was made by one Sharda Devi on 19/06/2016 that on 11/06/2016 the applicant forcefully entered into the house after climbing on the boundary wall and stolen Rs.40,000/-, one gold locket, two ear rings and two finger rings and other silver ornaments. The complainant was alone in the house and she was threatened. Thereafter, she raised alarm and when the husband came back, report is made.

3.

Learned counsel for the applicant submits that only recovery of the cash has been made and false allegations have been attributed, no recovery of ornaments have been made. He submits that charge sheet has been filed, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the complainant as also other witnesses.

It appears only recovery of cash was made from the applicant. Considering the facts and circumstances of the case and also for the fact that charge sheet has been filed, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri