High Court Of ChhattisgarhMCRC/6897/2019allowed

Gulam Rasul v. State Of Chhattisgarh

2019-12-12Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6897 of 2019 • Gulam Rasul S/o Sajim Shah Aged About 20 Years Caste - Musalman, Resident Of Village Karbala Road, Police Station Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Respondent For Applicant :

Shri J.K. Saxena, Advocate For Respondent :

Shri V.K. Agrawal, P.L.

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

1. 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.274/2019, registered at Police Station - Jashpur, District Jashpur(C.G.) for the offence punishable under Sections 454, 380 of the IPC.

2. Case of the prosecution is that the applicant has committed theft of Rs.120/- from the Cash Reserve and one Wi Fi device of Rs.2000/-from Trayambakeshwar Mahadev Mandir, Karbala Road, Jashpur. The applicant was identified on the basis of CCTV footage and stolen article and cash was recovered from him.

3. Learned counsel for the applicant submits that the applicant

has been falsely implicated in the crime and the cash is belonging to the applicant. He submits that as the applicant is in custody since 28.9.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- 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.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita