Motilal And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6285 of 2019

1. Motilal S/o Dhansai Aged About 32 Years, R/o Village Vikrampur, Police Station Sonhat District Korea, Chhattisgarh.

2. Nandlal Yadav S/o Ramjit Yadav Aged About 40 Years, R/o Village Chanwari, Dand, Police Station Manendragarh District Korea, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House Officer, Police Station Sonhat District Korea, Chhattisgarh.

---- Respondent For Applicants :

Mr. Koushal Yadav, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 26.11.2019

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 73/2019 registered at Police Station-Sonhat, District-Korea (C.G.) for the offence punishable under Sections 409, 457, 380 and 411/34 of the IPC.

2. The prosecution story, in brief is that, on 12.05.2019, complainant lodged a written report that on 30.04.2019, after physical verification of society, it was found that 759 bags of DAP fertilizer were shortage in the stock from warehouse of Aadim Jati Sahkari Sewa Samiti, Sonhat. Thereafter, during investigation, it was found that the present applicants with other co-accused theft the said fertilizer and sold to one Subhash Agrawal. Based on this offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are

innocent and have been falsely implicated in the crime in question. He further submits that other co-accused persons have already been granted bail in MCRC No. 6136/2019 and MCRC No. 6524/2019. The applicants are in jail since 31.05.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that other co-accused persons have already been granted bail in MCRC No. 6136/2019 and MCRC No. 6524/2019 and the present applicants are in jail since 31.05.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu