Ravikant @ Rinku Gauraha v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9415 of 2018 • Ravikant @ Rinku Gauraha S/o Shri Lakhanlal Gauraha Aged About 35 Years R/o Village Ghutku Bazar Para Police Station Koni, District Bilaspur Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through The Station House Officer, Police Station Civil Lines Bilaspur, District Bilaspur Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Mr. Malay Kumar Bhaduri, Advocate.

For Respondent/State : Mr. Alok Nigam, Government Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 10/01/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 875/2018, registered at Police Station - Civil Lines, District- Bilaspur (C.G.) for the offence punishable under Section 406/34 of the IPC.

2. As per prosecution story, complainant Sushil Kumar Sahu made a report wherein it has been alleged that he and the present applicant entered into an agreement for sale and purchase of Tata Indigo Car of the complainant with sale consideration of Rs. 90,000/- on 07.07.2018, the applicant requested to provide the questioned vehicle for trial, the complainant given the vehicle but the applicant did not return the vehicle, even did not pay the agreed sale consideration. On the basis of above, offence has been registered against the applicant. The applicant is in custody since 13.10.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the case. He further submits that the Applicant has no criminal antecedent, he is in custody since 13.10.2018, charge-sheet has already filed and trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant has no criminal antecedent, he is in custody since 13.10.2018, charge-sheet has already filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham