Vinay Malik vs State Of Chhattisgarh 55 ... on 6 August, 2018

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Chattisgarh High Court

Vinay Malik vs State Of Chhattisgarh 55 ... on 6 August, 2018

Bench: Sharad Kumar Gupta

                                                                             1

                                                                    NAFR

           HIGH COURT OF CHHATTISGARH, BILASPUR
                         MCRC No. 5115 of 2018
      Vinay Malik S/o Lt. Rajendra Malik Aged About 19 Years R/o Babu
      Upnagar Near Lakhani Mandir P. S. Towra Tahsil And District Bilaspur
      CG
                                                             ---- Applicant
                                 Versus
      State Of Chhattisgarh Through The Police Station Sarkanda District
      Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
                                                          ---- Respondent

For applicant            Mr. P.K. Tulsiyan, Adv.
For Respondent/State     Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 6-7-2018

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No.251/2018 registered at Police Station Sarkanda, Bilaspur, Civil & Revenue, District Bilaspur (C.G.) for the offence punishable under Sections 394, 411/34 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 19.04.2018 at morning at about 6:30 am when the complainant Aarti Dubey was going to Jain International School, one unknown person came near to her by motorcycle and snatched her necklace (Mangal-sutra) and committed marpit by feast and, thereafter, flew away. On the basis of memorandum of accused Vinay Malik, one necklace worth of Rs.50,000/- was seized from the co-accused Laxmi Malik.

4. The applicant is in custody since 20.04.2018.

5. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

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

7. Looking to these facts and circumstances of the case, looking to the fact that two co-accused persons have already been bailed out, there is no likelihood of the accused to abscond and tamper the evidence, the trial will take its own time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant.

8. Accordingly, the present bail application filed under Section 439 of the Cr.P.C., is allowed.

9. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail.

10. Certified copy as per rules.

Sd/-

(Sharad Kumar Gupta) Judge Pathak

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