Chattisgarh High Court
Shankar Panka vs State Of Chhattisgarh on 17 August, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4482 of 2023
• Shankar Panka S/o Late Shri Lakhan Lal Devdas Aged About 38
Years R/o Satbahiniya, Gali, Shriram Chowk, Tikrapara, Raipur,
District Raipur (C.G.)
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station
Khamhardih, District Raipur (C.G.)
---- Respondent
For Applicant : Mr. C.R. Sahu, Advocate.
For Non-Applicant/State : Mr. Shreshtha Gupta, P.L.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order on Board
17.08.2023
1. This is the 1st bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.249/2022 registered at P.S Khamhardih District Raipur (CG) for the offence under Section 379/34 of IPC.
2. Prosecution case is that the applicant along with co-accused committed theft of the scooter bearing No. CG04 MG 6899 (Vespa SXL
125), which had been placed by the complainant behind the Ganesh Pandal on 03.09.2022. Based on such allegation, the offence as aforesaid has been registered against him.
3. Learned counsel for the applicant submits that the Applicant is 2 innocent and has been falsely implicated in the crime in question for which, he is in jail since 07.10.2022. He submits that the other co-accused, in a similar crime, has been enlarged on bail by the co-ordinate Bench of this Court vide MCRC No. 3708/2023 dated 21.06.2023. Considering these aspects, he may be enlarged on bail.
4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant is involved in other such cases, therefore looking to the allegation, the application may be rejected.
5. Having considered the submission of counsel for the parties, backdrop of the case, nature of allegation, also considering the period of detention, without further commenting anything on merits, I am inclined to allow the bail application.
6. Accordingly, the application is allowed and it is directed that on applicant's furnishing a personal bond for a sum of Rs.25,000/- with two sureties in the like sum to the satisfaction of the concerned Court, he shall be released on bail. He shall however, make his appearance before the concerned Court as and when so directed.
Sd/-
(Deepak Kumar Tiwari) Judge Vishakha