Mukesh Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6270 of 2016 Mukesh Agrawal S/o Late Hanuman Agrawal Aged About 33 Years R/o S - 2-M/85 Chhend Coloney, Police Station Chhend, Raurkela (Odisha) ---- Applicant

Versus

State Of Chhattisgarh Through : Police Station Khursipar Bhilai District Durg Chhattisgarh ---- Respondent For applicant - Shri Arvind Dubey, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 17/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.326/2016 registered in Police Station Khursipar Bhilai Dist. Durg (C.G.) for offence punishable under sections 407, 409, 120B/34 of IPC. (offence under Section wrongly mention in the impugned order).

2.

As per the prosecution case, a report was made by one Anil Mishra Manager of Inland World Logistic Pvt. Limited that a truck bearing No. OD 14-H-1652 was loaded with Alluminium of 19.452 tonnes and the truck was loaded at Jharsukda and had to go to Banglore. Subsequently, it was found that truck had not gone to Banglore. On the basis of GPS system truck was located at Bhilai and it is alleged that the applicant was managing the truck who had taken it on rent from Kiran Khetan, therefore offence has been committed along with the others. 3.

Learned counsel for the applicant submits that no evidence is available against the applicant and he has been falsely implicated and

only original owner of the truck is Kiran Khetan and driver and helper of the truck are other person who fled away and goods were not stolen, charge sheet has been filed, no further investigation would be necessary, therefore the applicant may be released on bail. 4.

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

Perused the case diary and the documents. Considering the nature of allegations against the applicant and the fact that charge sheet has been filed and also considering the facts and circumstances of the case, 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