Ankush v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6820 of 2019 • Ankush S/o Ramnarayan Rai Aged About 27 Years R/o Songanga Colony, Shatabdi Nagar, Sarkanda, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Torwa, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Ali Asgar, Advocate For Respondent/State : Ms. Akshara Amit, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 24.10.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.334/2019, registered at Police Station Torwa, District Bilaspur (CG) for the offence punishable under Sections 379, 34 of the IPC. 3.

As per the case of prosecution, the applicant along with other co-accused persons committed theft of 190 Nos. of Ductile Iron Pipes worth Rs.7,47,178/-which were brought for use under the Amrit Jal Yojana.

4.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. He submits that the applicant is working in a Private Company and there is no seizure from the possession of the applicant. He further submits that the applicant is in jail since

2.10.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail. 5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and that he is in jail since 2.10.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.

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

9.

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.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita