High Court Of ChhattisgarhMCRC/4841/2017allowed

Naseem Sheikh v. State Of Chhattisgarh

2017-11-28Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4841 of 2017 • Naseem Sheikh S/o Ashlam, Aged About 28 Years R/o Village Sarakhem, Police Station Mugrabad, Sahpur, District Jonpur, Uttar Pradesh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Kotra Road, District Raigarh, Chhattisgarh. ---- Respondent For Applicant Mr. Awadh Tripathi, Advocate For Respondent/State Mr. Adhiraj Surana, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 28/11/2017

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.110/2015, registered at Police Station Kotra Road, District Raigarh (CG) for the offence punishable under Sections 420, 467, 468, 471, 120B, 407 & 408/34 of IPC.

3. Co-accused Duleshwar Prasad Ramkete, owner of Tanker No. CG-04-HQ-4736, allegedly changed the registration number of the Tanker to CG-04-HQ-4745, which was meant for transporting furnace oil from Mandir Hasaud to Raigarh and by adulterating

such furnace oil, took it to Raigarh, wherein, on an enquiry, it was seized and found that furnace oil of C.G-04-HQ-4745 was sent to Subham Organic and thus, the adulterated furnace oil was transported by changing the number of the truck.

4. Admittedly, Tanker owner -Duleshwar Prasad Ramteke has been released on bail vide order dated 13.6.2017 passed in MCRC No.3947 of 2017 and another co-accused Prem Lal Ramteke has been released on bail vide order dated 19.4.2017 passed in MCRC No.1957 of 2017.

5. Considering the fact that the applicant is driver of one of the Tanker; he in jail since 02.04.2016 and; two co-accused persons have already been released on bail, this Court is inclined to release the present applicant also on regular bail.

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

7. Certified copy as per rules. Sd/- Judge (Prashant Kumar Mishra) Shyna