High Court Of ChhattisgarhMCRC/7437/2018allowed

Aseem Rai v. State Of Chhattisgarh

2018-10-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7437 of 2018 • Aseem Rai S/o Shri Neel Kamal Rai Aged About 27 Years R/o Village Krishnanagar, Police Station - Balrampur, District - Balrampur-Ramanujganj, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Incharge P.S. - Ramanujganj, District - Balrampur-Ramanujganj, Chhattisgarh ---- Respondent For Applicant :

Shri Bhupendra Singh, Advocate For Respondent/State :

Shri D.R. Minj, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/10/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 06.07.2018 in connection with Crime No.28/2017 registered at Police Station Ramanujganj, Distt. Balrampur, Ramanujganj (CG) for the offence punishable under Section 409 I.P.C.

2. As per the prosecution case, the applicant was working with the Jio company and he has sold the mobile phones, wifi, battery etc. of worth rupees 1,33,869/- and fled away without depositing the money in the company. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that because of the some official differences the applicant has been inculpated and he has not committed any offence. He further submits that the goods so alleged to be sold were not in his charge. He further submits that the charge-sheet in this case has been filed and the applicant is in jail since 06.07.2018, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the case-diary. Considering the facts & circumstances of the case and also taking into that the offences are triable by the JMFC and the charge-sheet in this case has been filed and no further investigation would be necessary, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Goutam Bhaduri Judge Ashu