Sonu Vishwakarma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6843 of 2019 • Sonu Vishwakarma S/o Om Prakash, aged about 30 years, R/o Karpawand, Tahsil Karpawand, District Bastar (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : The Station House OfÏcer, Police Station Nagarnaar, Civil and Revenue District Bastar (C.G.) ---- Respondent For Applicant :

Shri Punit Ruparel, Advocate For Respondent :

Shri V.K. Agrawal, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /12/2019 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.175/2019, registered at Police Station - Nagarnaar, District Bastar (C.G.) for the offence punishable under Section 379/34 IPC.

2. The allegation against the present applicant is that he along with co-accused persons Shivendra @ Pankaj and Rajesh Bhadoriya committed theft of 24 sets of batteries worth of Rs.2,00,000/-. Based on this, offence has been registered. The present applicant has been taken into custody on 07.08.2019.

3.

Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submits that vide order dated 06.12.2019 passed in M.Cr.C.No.6638/2019, the co-accused persons have been granted bail by this Court. It is next submitted that the

applicant is in custody since 07.08.2019, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail. 4.

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

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that co-accused persons have already been granted bail by this Court, the applicant is in custody since 07.08.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde