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High Court Of ChhattisgarhMCRC/7936/2017allowed

Roop Narayan v. State Of Chhattisgarh

2018-02-27Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7936 of 2017 Roop Narayan, S/o. Shivnath Gond, Aged About 18 Years, R/o. Village Barbaspur, Dabgadi, Police Station -Pratappur, District- Surajpur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : The Station House Officer, Police Station Pratappur, District -Surajpur Chhattisgarh.

---- Respondent For Applicant :

Mr. V.K. Pandey, Advocate For Respondent :

Ms. K. Tripti Rao, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/02/2018 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 in connection with Crime No. 237/2017, registered at Police Station- Pratappur, District - Surajpur (C.G.) for the offence punishable under Section 457 & 380 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in this case, applicant is in jail since 12.11.2017. The applicant is local resident of District - Surajpur and is student of Class-12th, charge-sheet after completion of investigation has been filed. Therefore, it is prayed that the applicant be enlarged on regular bail.

3.

Learned State counsel opposes the application and the submission made in this respect.

4.

I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.

5.

As per the prosecution case, the allegation against this applicant is that on the date of incident, he forced his entry into shop of the complainant Mohd. Mustak and committed theft of one mobile set, some recharge coupons and cash of Rs.3,000/-. After lodging of FIR, some articles have been seized from the possession of this applicant. 6.

Considered the submissions made and the contents of the case diary. Further considering on the entire material present in the case diary and taking into consideration the fact that the applicant is of tender age and there is no previous history of criminal case against him, this Court is inclined to release the applicant on bail. 7.

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

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram