Bunty Shah v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8971 of 2021 • Bunty Shah, S/o Late Prakash Shah, aged about 26 Years, R/o Village Bihara, Police Station- Bihara, District- Sahrasa, Bihar. ----Applicant

Versus

• State of Chhattisgarh, Through the Station House Officer, Police Station- Civil Line, District- Bilaspur, Chhattisgarh. ----Non-applicant For Applicant Shri Shivendu Pandya, Advocate.

For State Shri C.B. Kesharwani, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 17/12/2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.43/2021 registered at Police Station Civil Line, District Bilaspur, C.G. for the offence punishable under Sections 380, 420, 34 of Indian Penal Code.

2. Allegation against the present applicant is that he along with other coaccused persons committed theft of golden ornaments worth Rs.30,000/- from the house of the complainant namely Smt. Ranjeeta Mishra. On report to the above effect being lodged by the complainant, offence under the aforesaid sections was registered against the applicant and other co-accused.

3. Learned counsel for the applicant submits that applicant is an innocent

person and has been falsely implicated in this case. He submits that applicant has not committed any offence nor is involved in commission of any offence as alleged against him. He is in custody since 17.08.2021, charge sheet has already been filed and conclusion of the trial is likely to take some time. Therefore, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application. However, he submits that applicant has no criminal antecedents.

5. Heard learned counsel for the parties.

6. Considering the facts and circumstances of the case, the nature of allegation against the applicant, the detention period of the applicant, who is 26 years old, charge sheet has been filed, the applicant has no criminal antecedents and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and conclusion of trial may take some time, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. (v) he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in any offence in future. Sd/- Gautam Chourdiya Judge Akhilesh