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High Court Of ChhattisgarhMCRC/6118/2016allowed

Bhulau @ Bhupesh Chandravanshi v. State Of Chhattisgarh

2016-10-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6118 of 2016

1. Bhulau @ Bhupesh Chandravanshi, S/o. Late Vishnu Chandravanshi, aged about 23 years, R/o. Village-Bhagatpur, Police Station - Pandatarai, Kawardha, District - Kabirdham (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Police Station Civil Lines, Raipur, District - Raipur (C.G.) ---- Respondent For Applicant : Mr. T.K. Jha, Advocate For Respondent/State : Mr. Anupam Dubey, Dy. Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/10/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.397/2016, registered at Police Station - Civil Lines, Raipur, District - Raipur (C.G.) for the offence punishable under Section 420, 467, 468, 471, 411, 34 of Indian Penal Code.

2.

Case of the prosecution, in brief is that one Yogendra Sinha, Anil and Bablu Chandravanshi on the basis of the fake ID obtained loan from the Bajaj Finance Company and purchased TV, freeze and AC and one of the item TV and freeze was distributed to the present applicant. Thereby the offence has been committed. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and there is no allegation of preparation of false ID is attributed to this applicant and only on the

Page No.2 basis that the applicant was given some TV and freeze, he has been inculpated, therefore, the counsel prays that the applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application 5.

I have heard learned counsel appearing for the parties. 6.

Perused the case diary and the documents. Perusal of the document shows that from the applicant, one TV and freeze was recovered. Considering the nature of offence and the degree of allegation levelled against the applicant and the fact that recovery has already been made, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram