Kamlesh Meshram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6449 of 2019 • Kamlesh Meshram S/o Shivdas Meshram Aged About 38 Years Permanent, R/o Sarar Para Charama, Police Station Charama, District- Kanker, Chhattisgarh, Presently Residing At Maratha Para Dhamtari, District- Dhamtari, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station City Kotwali, Dhamtari, District- Dhamtari, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anil Gulati, Advocate.

For Respondent :

Mr. B.L. Sahu, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08/11/2019 • 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. 201/2019 registered at Police Station - City Kotwali, Dhamtari District Dhamtari (C.G.) for the offence punishable under Sections 457, 380, 201, 411/34 of IPC. • The prosecution story in brief is that, an FIR was lodged by complainant Nitin Kumar Rathore alleging therein that, on 07.05.2019 he went to Raipur along with his family members to attend the marriage ceremony and when he returned, he saw that some unknown person has stolen the cash, and gold ornaments from his house. After completion of investigation the present applicant was arrested on 22.08.2019. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Charge-sheet has already been filed. He further submits that

there is no stolen article has been seized from the present applicant. Applicant is in jail since 22.08.2019, there is no previous antecedent against him, 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 and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the detention period of the applicant and 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. 25,000/- 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