Amar Jambulkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 439 of 2019 Amar Jambulkar S/o Shri Shri Maruti Jambulkar, Aged about 32 years R/o Panchshil Colony, Yadunandan Nagar, Tifra PS Sirgiti, Distt. Bilaspur (C.G.) --- Applicant

Versus

State of Chhattisgarh, through SHO Sirgiti, PS Sirgitti, Distt. Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Dheerendra Pandey, Advocate For Respondent :

Ms. Smita Ghai, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 15/02/2019 1.

The Applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 335/2018 registered at Police Station Sirgiti, Distt. Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 34 of the IPC 2.

As per prosecution story, on 30/08/2018 one Anmol Hora made a report in the police station alleging therein that during the period of 24/08/2018 to 28/08/2018, some unknown persons broke the door of his Godam and stolen bag of the jeans pants amounting to Rs. 30,000/-. During course of investigation, on the basis of memorandum statement of the Applicant, 10 numbers of jeans have been seized from his possession. He has been taken into custody on 27/11/2018.

3.

Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. He further submits that the Applicant is in custody since 27/11/2018, he has no known criminal antecedent and trial will take time, therefore, the Applicant may be released on bail. 4.

Counsel appearing on behalf of the State also opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the Applicant is in custody since 27/11/2018 and trial will likely to take some time, without further commenting on merit 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 his executing a personal bond for a sum of Rs. 20,000/- with one 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 Rahul