High Court Of ChhattisgarhMCRC/7121/2017allowed

Keshav @ Lallu Shriwas v. State Of Chhattisgarh

2017-12-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7121 of 2017 Keshav @ Lallu Shriwas S/o Late Dayanand Shriwas, Aged About 25 Years R/o Rajkishore Nagar, Lingiyadih, Police Station Sarkanda, Tahsil Bilaspur, District Bilaspur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh through Station House Officer, Police Station Sarkanda, District Bilaspur, Chhattisgarh. --- Respondent For the applicant :

Mr.Indrasen Sahu, Advocate For the Respondent :

Mr. Neeraj Sharma, Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2017

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. 628/2017 registered at Police Station Sarkanda, Bilaspur (C.G) for the offences punishable u/ss 380, 457 of IPC.

2. As per the prosecution case, on 08.09.2017 a report was made by one Shahnawaj Memon that certain machinery i.e., drill machine, grinder, hammer which wee kept to demolish certain construction were stolen. Subsequently during investigation, the applicant and the other co-accused were arrested and from their possession, the goods were recovered which were subsequently identified.

3. Learned counsel for the applicant would submit that there is no evidence to show that the goods belonged to the complainant. He further submits that the charge sheet has been filed, the applicant is in jail since 10.09.2017 and no

past antecedents are reported against the applicant, therefore, he may be enlarged on bail.

4. On the other hand, 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 and the applicant is in jail since 10.09.2017 and further looking to the nature of allegations, I am inclined to allow this bail application.

6. Accordingly, this 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