Kuldeep Singh Bhadoriya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9965 of 2018 • Kuldeep Singh Bhadoriya, aged about 23 years, S/o Babu Singh Bhadoriya, R/o Pintupara, Jaderuwagoan, P.S. Goleka Mandir, District- Gwalior, (M.P.). ---- Applicant

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station - Khairagarh, District- Rajnandgaon, (C.G.).

---- Respondent __________________________________________________________________ For Applicant : Shri Aditya Bhardwaj, Advocate.

For Respondent/State : Smt. Smita Ghai, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/01/2019

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. 0334/2018, registered at Police Station - Khairagarh, District- Rajnandgaon, (C.G.) for the offence punishable under Sections 457, 380 of the Indian Penal Code.

2. As per the prosecution story, on 25.04.2018, Complainant Shushma Bhagat lodged a report wherein it has been stated that some unknown persons have stolen ornaments from her house. On the basis of the said report, offence has been registered against the present Applicant. During course of investigation, on the basis of memorandum statement of the Applicant, stolen articles total amounting to Rs. 90,000/- has been seized from the possession of the present Applicant. He has been taken into custody on 26.05.2018.

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 26.05.2018 and trial will take some time. Charge-sheet has already been filed. 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.

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 26.05.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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. 2,00,000/- with two local sureties each of Rs. 1,00,000/- to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash