Ashok Kumar Sarthi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5917 of 2019 • Ashok Kumar Sarthi S/o Shri Jayprakash Sarthi Aged About 20 Years R/o Taluka Baramkela, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Baramkela, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicant : Shri Veerendra Verma, Advocate For Respondent/State : Shri Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 14/11/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.19/2019 registered at police station Baramkela, District Raigarh (CG) for the offence punishable under Sections 457 and 380 IPC.

Case of the prosecution in brief is that a complaint was lodged by the complainant alleging that some unknown persons have trespassed in his house and committed theft of two mobile phones and cash.

Counsel for the applicant submits that the applicant has been falsely implicated in the crime. He submits that the applicant is in jail

since 26.04.2019; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna22