Kuleshwar @ Raju Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6415 of 2017 • Kuleshwar @ Raju Dhruw S/o Tulsiram Dhruw, Aged About 36 Years Caste Gond, R/o Makeshwar Ward, Ward No. 09 Dhamtrari, Police Station Dhamtari, Tahsil And District Dhamtari Chhattisgarh. Mb. 8103428576, Chhattisgarh. ----Applicant

Versus

• State Of Chhattisgarh Through Police Station Nagri, Dhamtari, Tahsil And District Dhamtari Chhattisgarh., Chhattisgarh. ---- Respondent For the Applicant : Shri V.K. Deshmukh, Advocate.

For the Respondent/State :

Shri Anant Bajpai, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15.01.2018

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 in connection with Crime No. 04/2017 registered at Police Station - Nagri, District - Dhamtari (C.G), for the offences under Sections 454, 380 and 34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. There is no substance against him in the prosecution case. After completion of investigation charge-sheet has been filed. The applicant is a local resident and he is ready to abide by all the conditions which may be imposed while granting bail to the applicant. Hence, the applicant prays for grant of bail.

3. Learned counsel for the State opposes the bail application and the submission made in this respect. The complainant - Govindram Thakur lodged FIR against unknown person alleging that from his house one Pair of silver anklet, gold pendant and pair of gold tops, worth of Rs. 4,000/- has been stolen. During the investigation, the applicant was arrested and some recovery has been made from him. Recovered articles have been identified by the complainant. Investigations is completed in this case.

4. Heard counsel for both the parties and perused the case diary.

5. Considering the submissions made and the contents of the case diary, taking into consideration the facts and circumstances of this case, it appears that no criminal antecedent is reported with respect to the applicant and he is local resident and no purpose would be served, if the applicant

is kept in detention till the completion of the trial, taking into such facts, I am of the view that it is a fit case where the applicant is entitled for grant of bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal