Avinash Mane v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6202 of 2016 Avinash Mane S/o Arun Mane Aged About 25 Years, R/o Behind F. C. I. Godaam, Manendragarh, Police Station & Tahsil Manendragarh, Civil & Revenue District Korea Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : S. H. O. Police Station Manendratarh, Civil & Revenue District Korea Chhattisgarh ---- Respondent For applicant - Shri S.R. Sinha, Advocate.

For Respondent/State - Shri Vinod Tekam, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 4/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.159/2016 registered in Police Station Manendragarh, District Korea for offence punishable under sections 457, 380, 411, 34 of Indian Penal Code. 2.

As per the prosecution case, one Rajesh Mishra made a report that in the intervening night of 7-8/05/2016 theft took place in his house and gold and silver ornaments and cash was stolen. Subsequently, when co-accused was arrested and on his memorandum it revealed that applicant who is running a jewellery shop had purchased the goods and changed the form of gold ornaments. Thereby, offence has been committed.

3.

Learned counsel for the applicant submits that the applicant is a bonafide purchaser, he is running a jewellery shop and seizure of the ornaments were not made but some silver articles and gold were seized whereby the allegation cannot be attributed against the applicant and on

presumption the applicant has been arrested. Learned counsel therefore submits that the applicant may be released on bail. 4.

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

Considering the facts and circumstances of the case and degree of allegation, 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