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High Court Of ChhattisgarhMCRC/9362/2018allowed

Jaspal Singh & ANR. v. State Of Chhattisgarh

2019-01-15Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9362 of 2018

1. Jaspal Singh S/o Saheb Singh Dhillo Aged About 22 Years

2. Amrit Singh S/o Saheb Singh Aged About 20 Years both R/o Chakaul, police Station Ajanala, district Amritsar Panjab, at Present R/o Village Kaudia, police station Nawagarh District Bemetara CG ---- Applicants

Versus

• State Of Chhattisgarh Through Station house Officer , police Station Nawagarh , civil And Revenue District Bemetara CG ---- Respondent For applicants Mr. Vinod Tekam, Adv.

For Respondent/State Mr. Vasim Miyan, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15-11. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 227/2017 registered in police station Nawagarh Distt. Bemetara (CG) for offence punishable under Section 457, 380/34, 411 of IPC.

3. At the outset counsel for the applicants submits that he wants to withdraw the bail application of applicant No. 2 Amrit Singh.

4. Bail application of applicant No. 2 is dismissed as withdrawn. This bail application shall now continue only for applicant No. 1 Jaspal Singh.

5. Prosecution story in brief is that in the intervening night of 21-122017 and 22-12-2017 from the District Cooperative Central Bank Limited, Durg, Branch Nawagarh, one cash box containing Rs. 58,82,319.86 was stolen by some unknown persons. On the memorandum of applicant No. 1 Jaspal Singh, Rs. 50,000/- and

two motorcycles have been seized from him.

6. Counsel for the applicants argued that the applicant No. 1 is innocent and falsely implicated hence he be released on bail.

7. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. However, he submits that no criminal antecedent of the applicant No. 1 is reported in the police case diary.

8. Looking to the above facts and circumstances of the case, looking to the evidence available on record against applicant No. 1, and as trial will take its own time, the application is allowed. It is ordered that if the applicant No. 1 Jaspal Singh furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- 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.

9. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak