Rajendra @ Poke Dhritlahare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8461 of 2019 • Rajendra @ Poke Dhritlahare, aged about 25 years, S/o Mansharam Dhritlahare, R/o village Bitkuli, O.P. Karhi, P.S. City Kotwali, Balodabazaar, District Balodabazaar-Bhatapara (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : P.S. City Kotwali, Balodabazaar (O.P. - Karhi), District Balodabazar-Bhatapara (C.G.) ---- Respondent For Applicant :

Shri Anchal Kumar Matre, Advocate For Respondent :

Shri V.K. Agrawal, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 06/02/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.629/2018, registered at Police Station - City Kotwali, Balodabazar, District Balodabazaar-Bhatapara (C.G.) for the offence punishable under Sections 457 and 380 IPC. 2.

Allegation against the present applicant is that he entered the house of complainant after breaking open the lock and stolen cash and jewelery worth Rs.27,000/-. Based on this, offence has been registered. The present applicant has been taken into custody on 13.08.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant has been arrested only on the memorandum statement and there is delay in lodging the

FIR. He also submits that the applicant is in custody since 13.08.2019 and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

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

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 13.08.2019 and the trial is likely to take some time, without further commenting on merits 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.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde