Manoj Aditya And ORS. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6024 of 2017 • Manoj Aditya S/o Bharatlal, Aged About 27 Years, R/o - Pankha Dafai, Surakachar, Police Station Banki Mongra, District Korba, Chhattisgarh. • Anil Kumar Sagar, S/o Kanhaiyalal, Aged About 23 Years, R/o - 1 no. Dafai, Near School Surakachar, Police Station Banki Mongra, District Korba, Chhattisgarh.

• Vicky Kumar Chouchan @ Vijay S/o Gorelal, Aged About 20 Years, R/o - 1 No. Dafai, Surakachar, Police Station Banki Mongra, District Korba, Chhattisgarh.

• Vijay Patel @ Shaktiman S/o Fekulal Patel, Aged About 23 Years, R/o - Amlichapar, Kapatmuda, Police Station Kusmunda, District Korba, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Banki Mongra, District Korba, Chhattisgarh.

---- Non-applicant For Applicants - Shri Ishwar Jaiswal, Advocate . For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-11-2017 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicants for regular bail. The applicants were arrested on 15-07-2017 in connection with Crime No.94/2017 registered at P.S. Banki Mongra, District Korba, C.G. for the offence under Section 448, 379/34 of the IPC.

2.

It is submitted on behalf of the applicants that the matter against them has been investigated and charge sheet has been filed. No case is made out against the applicants on the basis of material of the prosecution case against them. Hence, it is prayed that the applicants may be enlarged on bail. 3.

Learned counsel for the State/non-applicant opposes the bail application

-2and the submission made in this respect.

4.

Heard learned counsel for both the parties and perused the case diary. 5.

Electrical wire and bearing, i.e., the property of total Rs.6000/- was stolen. On report made, in the investigation the property was seized from the possession of the applicants in this case.

6.

Considering nature of the evidence against the applicants and considering that they have no previous antecedent of any case of theft against them, this appears to be appropriate case where the applicants should be benefited with grant of bail.

7.

Consequently, the application (MCRC No.6024/2017) filed under Section 439 of the Cr.P.C. by the applicants is hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil