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High Court Of ChhattisgarhMCRC/10033/2018disposed off

Paras Ram Sahu v. State Of Chhattisgarh

2019-01-22Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10033 of 2018 • Paras Ram Sahu S/o Shri Daya Ram Sahu Aged About 50 Years R/o Village Chilhati, Police Station - Sarkanda, Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Sarkanda, Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Shri Paras Mani Shriwas, Advocate.

For Non-applicant : Shri Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 22.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant 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. 605/2018 registered at Police Station - Sarkanda, Civil And Revenue District Bilaspur (C.G.) for the offence punishable under Section 379 of the Indian Penal Code.

3. Case of the prosecution, in brief is that in the intervening night of 06.08.2018 and 07.08.2018 at Amraiya Chowk, Chingrajpara, Bilaspur from the possession of the complainant Daduram Dewangan one Auto bearing registration No. CG 10 Y 0150 along with 180 empty carat was stolen by some unknown person. In the complaint No. 26/2018 police station Bankimongra two Auto without registration numbers were seized from the applicant. As per the panchanama of identification of vehicle said complainant had identified one auto.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Looking to these 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 the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, 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.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore