Chattisgarh High Court
Sanjay Kumar vs State Of Chhattisgarh on 26 August, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6350 of 2022
Sanjay Kumar S/o Baraturam Netam, Aged About 30 Years R/o
Dhaurabhata, Post - Khaprikhurd, District Rajnandgaon
Chhattisgarh
---- Petitioner
Versus
State Of Chhattisgarh Through Station House Officer, Police
Station - Basantpur, District - Rajnandgaon Chhattisgarh
---- Respondent
For Applicant Mr. SS Baghel, Advocate For Respondent /State Mr. Trivikram Nayak, Panel Lawyer
SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board 26/8/2022
1. Heard.
2. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.321/2022 registered at Police Station Basantpur, District Rajnandgaon (CG) for the offence punishable under Sections 457 & 380, 34 of the IPC.
3. The first bail application of the applicant was dismissed on merits vide order dated 30.6.2022 passed in MCRC No.4503/2022 with liberty to the applicant to revive the prayer for bail after filing of the charge sheet. 2
4. The prosecution case is that the complainant lodged a report on 26.4.2022 stating that their family had gone out of station on 19.4.2022 and when they returned, they found that the lock of the main door was broken and jewelleries and cash amount of Rs.2,13,000/- have been stolen. During investigation, it has been revealed that the present applicant came from Jamshedpur in a car bearing registration No.JH-04/U 5287 and committed the offence.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the charge sheet has been filed. The applicant is a Government Servant working in the Armed Forces and he was on leave during the period, a copy of the leave application is annexed along with the bail application. He further submits that no stolen article was seized from the possession of the present applicant. The only allegation against the present applicant is that his car has been used in such crime. The applicant is in jail since 26.4.2022, therefore, learned counsel prays for releasing the applicant on regular bail.
6. On the other hand, learned counsel for the State opposes the bail application. However, he submits that there is no criminal antecedent of the applicant.
7. Having considered the submissions of learned counsel for the parties and also considering that the offence is triable by the Judicial Magistrate First Class and there is no criminal antecedent of the applicant and the charge sheet has already 3 been filed, I am of the opinion that the present is a fit case to release the applicant on regular bail.
8. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with two sureties in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
9. Certified copy as per rules. Sd/-
( Deepak Kumar Tiwari) Judge Shyna