Narad Das Gendre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7804 of 2019 • Narad Das Gendre S/o Bhuneshwar Gendre Aged About 30 Years, R/o Village Biladi, Police Station Nevra (Tilda), District Raipur, Chhattisgarh. At Present R/o Mehta Nagar Ward, Bhatapara, Police Station Bhatapara (City), District Baloda Bazar-Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station City Kotwali Baloda Bazar District Baloda Bazar-Bhatapara, Chhattisgarh. ---- Respondent For Applicant : Mr. Pushpendra Kumar Patel, Adv.

For Respondent/State : Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21/01/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 268/2019 registered at Police Station-City Kotwali, Baloda Bazar, District - Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 454, 380, 411 of the IPC.

2. The prosecution story, is that the applicant entered in the house of complainant and stolen gold articles like necklace, ear rings, lockets, laptop and pass book of ICICI bank and HDFC bank. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 05.10.2019,

there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 05.10.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu