← Library
High Court Of ChhattisgarhMCRC/7538/2017allowed

Kamlesh Sahu v. State Of Chhattisgarh

2018-01-29Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7563 of 2017 • Netram Sahu S/o Tibhu Sahu, Aged About 22 Years R/o Village Patewa, Police Station Ghumka, District Rajnandgaon Chhattisgarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh , Chhattisgarh.

---- Respondent M.Cr.C. No. 7538 of 2017 • Kamlesh Sahu S/o Pardesh Sahu, Aged About 22 Years R/o Village Patewa, Tahsil And Police Station Ghumka, District Rajnandgaon Chhattisgarh., Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh, Chhattisgarh.

---- Respondent For the Applicants :

Shri Abhishek Sharma, Advocates.

For the Respondent/State :

Shri Vijay Bhadur Singh, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 29.01.2018

1. Both the applications are heard and decided together by this common, order, as both the bail applications are arising out the same crime number and offences.

2. These are the first bail application for grant of bail to the applicants who have been arrested in connection with Crime No. 226/2017 registered at Police Station -Chhuikhadan, District - Rajnandgaon (C.G), for the offences under Sections 457, 380, of the Indian Penal Code.

3. Learned counsel for the applicants submits, that both the applicants have been falsely implicated in this case. They are in jail since 30.09.2017. After completion of investigation the charge-sheet has been filed, the case is triable by JMFC. The applicants have no criminal history, hence, it is prayed that the applicants may be released on bail.

4. Learned counsel for the State opposes the bail application.

5. Heard counsel for both the parties and perused the case diary.

6. Complainant - (Sonu Verma ) lodged FIR regarding theft committed in his shop, in which some old and used mobile phones and cash Rs. 11,000/- total property worth of Rs. 40,000/- was taken away by unknown persons. During the investigation the present applicants have been arrested and some articles were found from their possession.

7. Considering the submissions made and contents of the case diary, further taking into consideration the nature of the case, which is triable by the JMFC, the applicants are local resident of DistrictRajnandgaon, no purpose would be served, if the applicants are kept in detention till the completion of the trial, this Court is of the opinion that this is a fit case, where the applicants are entitled for grant of bail.

8. Consequently, both the applications M.Cr.C. No. 7563 of 2017 and M.Cr.C. No. 7538 of 2017 filed under Section 439 of the Cr.P.C. are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd /- (Rajendra Chandra Singh Samant) Judge Jamal