Kailash Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7093 of 2017 • Kailash Das S/o Shri Ramdas Aged About 41 Years R/o Karbala, Kodu Chowk, Thana City Kotwali, Bilaspur Civil & Revenue District Bilaspur Chhattisgarh ---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Bilaspur District Bilaspur Chhattisgarh ---- Respondent For Applicant :

Shri Sumit Shrivastava, Advocate.

For Respondent-State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/12/2017

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 13.10.2017 in connection with Crime No. 411/2017 registered at Police Station City Kotwali, Bilaspur (CG) for the offence punishable under Sections 25 & 27 of the Arms Act.

2. As per the prosecution case, on 12.10.2017 from the possession of the applicant one Pistol was seized, for which the applicant could not produce any valid document. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the charge-sheet has been filed and no further investigation is necessary, therefore, the applicant may be released

on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. I have perused the case-diary and the documents. Considering the fact that the charge-sheet in this case has been filed and the offence is triable by the JMFC, I am inclined to release the applicant on bail.

6. Accordingly, the 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 trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu