Rajkumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7698 of 2018 • Rajkumar S/o Bhojkumar Chandrakar Aged About 21 Years R/o Village Saja Police Station Saja, Tahsil Saja, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Saja, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Suresh Kumar Verma, Advocate For Respondent/State : Shri Lav Sharma, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 30.10.2018 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.169/2018 (wrongly mentioned in impugned order as crime no. 165/2018), registered at Police Station Saja, District Bemetara (CG) for the offence punishable under Sections 392/34 of the IPC.

3.

Case of the prosecution is that the applicant along with one co-accused has looted one cell phone worth Rs.5000/- from the possession of the complainant Vikki Dewangan. 4.

Learned counsel for the applicant submits that the cell phone has been seized and the applicant is in jail since 16.5.2018

and trial may take some time, therefore, the applicant may be released on bail.

5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case and the fact that looted article has been seized and the applicant is in jail since 16.5.2018; there is no criminal antecedent against the applicant and trial will take some time, I am inclined to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita