Chiranjiv Das @ Nanu & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9399 of 2018 1.

Chiranjiv Das @ Nanu S/o Gokul Das Aged About 20 Years R/o Near Masjid Vikas Nagar, Gudiyari, Thana, Gudiyari, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2.

Rakesh Koshle S/o Lakhan Koshle Aged About 21 Years R/o Near Masjid Vikas Nagar, Gudiyari, Thana, Gudiyari, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Gudiyari, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant For Applicants : Shri Suresh Tandan, Advocate.

For Non-applicant : Ms. Sangeeta Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 278/2018 registered at Police Station - Gudiyari, District Raipur (C.G.) for the offence punishable under Section 457, 380, 34 of the Indian Penal Code.

3. Case of the prosecution, in brief is that in the intervening night of 31.08.2018 and 01.09.2018 from the mobile shop of complainant Santulal Nishad situated at Bharatmata Chowk, Gudiyari some unknown persons stolen 31 mobile handsets and one computer monitor.

4. Learned counsel for the applicants submits that applicants have no criminal background. They are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicants.

6. On memorandum of applicant No. 1 Chiranjiv Das @ Nanu nine mobile handsets were seized from him. On the memorandum of applicant No. 2 Rakesh Koshle eight mobile handsets and one monitor have been seized from him.

7. 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 each applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs. 25,000/- to the satisfaction of the concerned Trial Court with the condition that he will 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.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore