Dilip Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7500 of 2018 Dilip Kashyap S/o Jaipal Kashyap, aged about 32 years, R/o VillageKanaibhatha, P.S. Janjgir, Distt- Janjgir-Champa (C.G.). --- Applicant

Versus

State of Chhattisgarh, Through- S.H.O, Janjgir, Distt. Janjgir-Champa (C.G.). ---- Respondent For Applicant :

Mr. Ravindra Sharma, Advocate For Respondent :

Ms. Smita Ghai, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 12/10/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 536/2018 registered at Police StationJanjgir, Distt. Janjgir-Champa (C.G.) for the offence punishable under Section 379, 411, 34 of the IPC.

2.

As per prosecution story, complainant- Keshav Rathore lodged a report on 31/08/2018 alleging therein that some unknown persons have stolen tires, jack road and wheel Pana of his Hyva bearing registration NO. CG 11 AB-4155. On the said report, offence has been registered. During course of investigation, on the basis of memorandum statement of co-accused- Sanad, one wheel Pana has been seized from the possession of the present applicant. The applicant has been arrested on 03/09/2018.

3.

Learned counsel appearing on behalf of the applicant submits that the

applicant is innocent and has been falsely implicated in the present case. He further submits that charge-sheet has been filed, the applicant is in custody since 03/09/2018 and the trial will take some time, therefore, he may be released on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

Considering the entire facts and circumstances of the case, particularly considering that the applicant is in custody since 03/09/2018, chargesheet has already been filed and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed. 7.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge Rahul