High Court Of ChhattisgarhMCRC/6319/2019allowed

Deepak Soni @ Nanu v. State Of Chhattisgarh

2019-11-26Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6319 of 2019 • Deepak Soni @ Nanu S/o Shri Rajkumar Soni Aged About 24 Years R/o Krishna Nagar, Bhanpuri, Dabrapara, Behind Petrol Pump, Police Station Khamtarai, District Raipur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Devendra Nagar, Raipur, District Raipur Chhattisgarh. ---- Respondent For Applicant :

Mr. Rekhraj Baghel, Advocate.

For Respondent :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 26/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 29/2019 registered at Police Station - Devendra Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Section 379 of IPC.

• The prosecution story in brief is that, on 14.02.2019 at about 8.30 PM, the complainant and his friend going on his motorcycle Dream Yuga bearing registration No. CG. 04 HP 4609, for taking liquor and he parked the motorcycle in the premises of liquor shop. After 15 minutes he returned and saw that the motorcycle was not present in that place. After completion of investigation offence has been registered against the applicant and he has been arrested. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in jail since 09.07.2019,

therefore, the present applicant may be released on bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the detention period of the applicant, the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu