Lekhram Deshmukh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7883 of 2017 • Lekhram Deshmukh S/o Shri Dehal Singh Deshmukh, Aged About 29 Years, R/o Village Papra, Post Korba, Police Station Suregaon, District Balod Chhattisgarh , Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station D. D. Nagar, Raipur District Raipur Chhattisgarh , Chhattisgarh ---- Non-applicant For Applicant - Smt. Fouzia Mirza, Advocate.

For Non-applicant/State - Shri Anil S. Pandey, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 27-02-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 05-02-2017 in connection with Crime No.309/2016 registered at P.S. - D.D. Nagar, Raipur, District Raipur, Chhattisgarh for the offence under Section 379, 420, 467, 468, 471 of the IPC. 2.

It is submitted on behalf of the applicant, that the applicant is local resident of District Balod. He is in jail since 05-02-2017. Charge sheet has been filed after completion of the investigation. The applicant is ready to abide by all the conditions to be imposed on grant of bail. Hence, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

According to the prosecution case, it is alleged that the applicant had committed theft of one motorcycle bearing No. CG 04 LR 1986, belonging to complainant Sahdev Kumar Gajendra. The seizure of the motorcycle was made on suspicion by police personnel of Bhilai Nagar. After lodging of FIR by the complainant, the case has been investigated by P. S. - D.D. Nagar, Raipur.

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Considered on the submissions made and the contents of the case diary.

7.

Considering on the facts and circumstances of this case and looking to the nature of offence, also taking into consideration the facts that there is no criminal history against the applicant, no purpose would be served if the applicant is kept in detention till conclusion of the trial, I am of this view that the applicant should be released on bail during pendency of the trial against him. 8.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil