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High Court Of ChhattisgarhMCRC/6612/2017allowed

Sohrab Firdosi v. State Of Chhattisgarh

2017-11-06Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6612 of 2017 • Sohrab Firdosi S/o Mohd. Anwar Firdosi, Aged About 24 Years, R/o Kharsiya Naka, Ambikapur, Police Station Ambikapur, District Surguja Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Udaypur, District Surguja Chhattisgarh.

---- Non-applicant For Applicant - Shri Pawan Shrivastava, Advocate .

For Non-applicant/State - Shri Om P. Sahu, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-11-2017 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for regular bail. The applicant was arrested on 19-04-2017 in connection with Crime No.31/2016 registered at P.S. Udaypur, District Surguja, C.G. for the offence under Section 406, 420, 467, 468, 471, 120B and 411 of the IPC. 2.

It is submitted on behalf of the applicant that case against the applicant is that truck bearing fake registration number plates were loaded 15 ton of coal to be transported to Raipur which was misappropriated and sold in village Bargidih by the applicant and co-accused persons in this case. It is further submitted that the applicant has been falsely implicated in this case. The coaccused person in this case has been granted bail by the coordinate Bench of this Court. The applicant does not have any different case from that of the coaccused benefited with the bail. Hence, it is prayed that the applicant may be enlarged on bail.

-23.

Learned counsel for the State/non-applicant opposes the application and submission made in this respect. It is submitted that the applicant was involved in the offence which have been committed at a huge scale in the matter of theft, misappropriation and cheating of coal etc., hence, for these reasons he is not entitled for grant of bail. 4.

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

Considering the submission and contents of the case diary and taking into consideration this fact that co-accused namely Sohrab Firdousi @ Bade Babu has been released on bail in MCRC No.5559/2017 by this Court, I am of this view that the applicant is entitled for grant of bail. 6.

Consequently, the application (MCRC No.6612/2017) filed under Section 439 of the Cr.P.C. by the applicant is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil