Dinesh Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8197 of 2019 • Dinesh Sinha, S/o Neelkanth, Aged About 38 Years, R/o - Camp 1, Shashtri Chowk, Bhilai, Police Station- Chhawani, District- Durg Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through: Station House Officer, Police StationCivil Line Hirri Civil & Revenue District- Bilaspur, Chhattisgarh. ---- Respondent For Applicant : Mr. Kaushal Yadav, Adv.

For Respondent/State : Mr. B. L. Sahu, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 04.02.2020

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. 184/2019 registered at Police Station- Hirri Civil & Revenue District- Bilaspur, (C.G.) for the offence punishable under Section 407 r/w 34 of I.P.C.

2. The prosecution story, in brief is that, the complainant has lodged report alleging that on 07.10.2019, the present applicant has mixed the diesel with other oil loaded in tanker bearing registration No. C.G. 07-B K. 6585. Thereafter, 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 offence has been triable by the Judicial Magistrate First Class. The applicant is in jail since 23.11.2019, 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, and further considering the facts that the offence has been triable by the Judicial Magistrate First Class. The applicant is in jail since 23.11.2019, 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. 50,000/-, 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 Ruchi