High Court Of ChhattisgarhMCRC/9386/2018allowed

Mahesh Thakur v. State Of Chhattisgarh

2019-01-11Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9386 of 2018 • Mahesh Thakur S/o Shri Premlal Thakur Aged About 23 Years R/o Motipur Ward No. 07, Outpost Chikhali, P. S. Kotwali, Rajnandgaon, Permanent R/o Sonkarpara, Nandai Ward No. 42, P. S. Basantpur, Tahsil And District Rajnandgaon CG ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Rajnandgaon, District Rajnandgaon CG ---- Respondent For applicant Mr. PKC Tiwari, Sr. Adv. with Shri Shashi Bhushan, Adv.

For State Ms. Sangeeta Mishra, Govt. Adv.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 11-11. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 104/2018 registered in police station Basantpur, Rajnandgaon (CG) for offence punishable under Section 392, 394, 411, 403, 120-B r/w. 34, IPC.

3. Prosecution story in brief is that complainant Anand Tejwani runs a shop in the name of Shankar Traders near Jalaram Sweet. On 12-3-2018 at about 9.15 pm 3 unknown masked persons robbed one packet from him containing Rs. 6,50,000/-. On the memorandum of the applicant, Rs. 2 lacs have been seized from him.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated. There is no test identification parade conducted in the matter. Hence he be released on bail.

5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. He submits that one more criminal

case under Section 307, IPC has also been registered earlier against the applicant.

6. Looking to the above facts and circumstances of the case, and as trial will take its own time, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak