High Court Of ChhattisgarhMCRC/6350/2019allowed

Prem Verma v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6350 of 2019 • Prem Verma S/o Late Prakash Verma Aged About 28 Years R/o Chantidih Near Sabji Mandi Police Station Sarkanda, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Tarbahar, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri P.K. Tulsyan, Advocate.

For Respondent :

Shri Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 26/11/2019

1. 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.180/2019 registered at Police Station - Tarbahar, District Bilaspur(C.G.) for the offence punishable under Sections 379, 34 of the IPC.

2. It is the case of the prosecution that complainant has lodged a report against unknown person regarding theft of his motorcycle and on the basis of seizure from some accused persons and their statements, the present applicant has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime. He submits that the applicant is doing work of repairing motorcycle and after

repairing the motorcycle, the applicant was going to handover the motorcycle to the owner. He submits that as the applicant is in custody since 25.5.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; the applicant is in custody since 25.5.2019 and charge sheet has been filed, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita