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High Court Of ChhattisgarhMCRC/7126/2017allowed

Ashutosh Singh v. State Of Chhattisgarh

2018-01-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7126 of 2017 Ashutosh Singh S/o Krishna Singh, Aged About 35 Years R/o Shivnandanpur, Police Station Vishrampur, Tahsil And District Surajpur, Chhattisgarh., Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through Station House Officer, Police Station Ramanujnagar, District Surajpur, Chhattisgarh., Chhattisgarh --- Respondent For the applicant :

Mr. Rahul Mishra, Advocate.

For the Respondent :

Mr. Adhiraj Surana, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .01.2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 168/2017 registered at Police Station Ramanujnagar, Distt. Surajpur (C.G) for the offences punishable under Sections 379, 182, 211, 420, 463, 468, 120-B, 34 of IPC.

2. As per the prosecution case, a report was lodged by the present applicant on 13.09.2017 against the unknown person that his High-wa vehicle bearing No.C.G.10C 4056 has been stolen at Rajapur. Subsequently during investigation it was found that false report was made to get the claim from insurance Company by changing the name plate number as C.G.10C 2775 and the original High-wa was registered in the name of Motilal Rajwade. It is alleged that the applicant along-with other accused committed offence.

3. Learned counsel for the applicant submits that he is not the

registered owner of the vehicle and other similarly placed accused have been enlarged on bail. He further submits that charge sheet has been filed; no further investigation would be necessary and the applicant is in jail since 19.09.2017, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. .

5. Considering the facts and circumstances of the case especially the fact that the charge sheet has been filed; no further investigation is necessary as also considering the fact that similarly placed co-accused have been enlarged on bail and the evidence appears to be documentary in nature, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o