Dinesh @ Golu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7250 of 2019 • Dinesh @ Golu, S/o Late Gajanand Ganesh, Aged About 27 Years, R/o Changorbhatha, Ayodhya Nagar, Near Sanskriti Bhawan, Police Station - D. D. Nagar, District - Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through: Station House Officer, Police StationD. D. Nagar, District- Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. Y. C. Sharma, Adv.

For Respondent/State : Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10.01.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 286/2019 registered at Police Station - D. D. Nagar, District- Raipur (C.G.) for the offence punishable under Sections 454, 380 of I.P.C.

2. The prosecution story, in brief is that, on 18.08.2019 complainant went for some work outside the house and when he came back to his house, he found that lock of the main door and inner door were broken and some articles were stolen from his house. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is no antecedent against the applicant and the offence has been triable by Judicial Magistrate First Class. The applicant is in jail since 20.08.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that offence has been triable by Judicial Magistrate First Class. The applicant is in jail since 20.08.2019 and 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.

7. 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 trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi