Mukutram Lodhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7123 of 2019 • Mukutram Lodhi S/o Manohar Lodhi Aged About 38 Years R/o Village Malood, Police Station And Tahsil Khairagarh, District Rajnandgaon Chhattisagarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House OfÏcer, Police Station Khairagarh, District Rajnandgaon Chhattisagarh. ---- Respondent For Applicant :

Mr. Shivendu Pandya, Advocate.

For State :

Mr. B.L. Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 06/01/2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 265/2019 registered at Police Station - Khairagarh, District Rajnandgaon (C.G.) for the offence punishable under Sections 457 & 380 of IPC.

• As per the prosecution story, in brief, the allegation against the present applicant is that he has committed theft of ornaments worth Rs. 3,000/- in the house of the complainant namely Khemchand Sahu. On the basis of above facts, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that there is no previous antecedent of theft against the applicant, as he is in jail since 23.08.2019 and he is ready to furnish adequate surety and shall abide by all the

directions and conditions which may imposed by this Court, the present applicant may be released on bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, and further considering the fact that the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. • Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu