Ashish Kumar Gupta v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7626 of 2018 • Ashish Kumar Gupta S/o Dilip Kumar Aged About 19 Years R/o Village Barela Police Station Jarhagaon, Distict Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Takhatpur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Akhtar Hussain, Advocate.

For Non-applicant : Shri Satish Gupta, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27.11.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with crime No. 321/2018 registered at Police Station Takhatpur District Bilaspur (C.G.) for the offence punishable under Section 380 of the Indian Penal Code.

3.

Case of the prosecution, in brief is that In the intervening night of 25-26/06/2018 from the gift box of the mosque at Takhatpur Rs. 1700/- cash and one Samsung mobile were stolen by some unknown persons. On the memorandum of applicant alleged mobile was seized from his

possession.

4.

Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application and further submits that there are two other criminal cases under IPC have been registered against the applicant. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore