Naneshwar And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8957 of 2018
1. Naneshwar S/o Jangaldas Aged About 18 Years R/o Village Mohgaon, Tahsil Chhuikhadan, District - Rajnandgaon, Chhattisgarh.
2. Yashwant S/o Lallu Ram Aged About 18 Years R/o Village Mohgaon, Tahsil Chhuikhadan, District - Rajnandgaon, Chhattisgarh. ---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, Police Of Police Station - Gandai, District - Rajnandgaon, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Shri Abhishek Sharma, Advocate.
For Respondent/State : Shri Rajkumar Jaiswal, Panel Lawyer.
Hon'ble Shri Justice Arvind Singh Chandel Order On Board 05/12/2018
1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with Istgasa No. 03/2018, registered at Police Station - Gandai, District- Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380 & 34 of the IPC.
2. As per prosecution story, on 17.10.2018 on the basis of information received from an informant, police officers of Gandai, DistrictRajnandgaon reached to the spot and found that the present applicants trying to sell computer. On the basis of memorandum statements of the present applicants two computers and some computer parts have been seized from their possession in suspicious condition and they have been taken in custody on the same day. Later on it was found that the seized article were stolen from the High School of Village Kachri from the present applicants, on the basis of said, crime number 168/2018 registered at police Station Gandai,
District Rajnandgaon (C.G.)
3. Learned Counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the applicants have already granted bail by this Court in connection with crime no. 168/2018 registered at police station Gandai, District- Rajnandgaon vide order dated 01.12.2018 passed in MCRC No. 8839/2018. In this case, they are in custody since 17.10.2018 and trial will take some time. Therefore, they may be released on bail.
4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.
5. I have heard learned Counsel for the parties and perused the case diary with due care.
6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicants are in custody since 17.10.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicants on bail.
7. Accordingly, the bail application is allowed.
8. It is directed that the Applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubham