Kamlesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9378 of 2018 Kamlesh S/o Ganesh Maravi Aged About 28 Years R/o VillageUmariya, Police Station- Bilha, District- Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationChakarbhatha, District- Bilaspur, Chhattisgarh. ---- Respondent For the Applicant :

Shri Om. P. Sahu, Advocate For the State :

Ms. Sangeeta Mishra, Govt. Adv.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.291/2018 registered at Police StationChakarbhatha, District Bilaspur (C.G.) for the offence punishable under Section 457, 380, 411, 341 of IPC.

3. Case of the prosecution, in brief is that in the intervening night of 16-17/10/2018 from the Govt. High School, Bundela some unknown persons stolen one computer set, one sound system, one induction, one fry pan and one cooking vessels (ganj) total worth of Rs.15,000/-. On the memorandum of applicant one steel cooking vessels (ganj), one fry pan and one rod have been seized from him.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde