Chhattisgarh High Court
MCRC/7950/2017 of Yashwant Singh Thakur Vs State Of Chhattisgarh on 23 December 2017
CHHATTISGARH, BILASPUR MCRC No. 7950 of 2017 Yashwant Singh Thakur S/o Pitambar Singh Thakur, Aged About 28 Years R/o Bombay Awas, Block C/04, Devnagar, P. S. Koni, District Bilaspur Chhattisgarh ---- Applicant Versus State Of Chhattisgarh Through Police Station Koni, District Bilaspur
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7950 of 2017
Yashwant Singh Thakur S/o Pitambar Singh Thakur, Aged About 28Years R/o Bombay Awas, Block C/04, Devnagar, P. S. Koni, DistrictBilaspur Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Koni, District BilaspurChhattisgarh
---- Respondent
For the applicant
For Respondent
: Shri Pitambar Singh Thakur, father of the applicant who has filed the affidavit on behalf of the applicant is present in person.the applicant who has filed the affidavit on behalf of the applicant is present in person.
:Mr. R.N. Pusty, Govt. Advocate
23/12/2017
Hon'ble Shri Justice Ram Prasanna SharmaOrder On Board
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1. This is an application filed under Section 439 of the Code ofCriminal Procedure seeking grant of regular bail to theapplicant in connection with Crime No. 318/2017 registeredat P.S. Koni, District Bilaspur (C.G) for the offence punishableunder Sections 457,380 of the IPC.Criminal Procedure seeking grant of regular bail to theapplicant in connection with Crime No. 318/2017 registeredat P.S. Koni, District Bilaspur (C.G) for the offence punishableunder Sections 457,380 of the IPC.
2. Case of the prosecution, in brief, is that a complaint wasmade by Kantilal Kashyap wherein it is alleged that theapplicant has stolen 15 Kg iron rods from his house whichwas seized from the possession of the applicant. Thereby theoffence has been committed.made by Kantilal Kashyap wherein it is alleged that theapplicant has stolen 15 Kg iron rods from his house whichwas seized from the possession of the applicant. Thereby theoffence has been committed.
3. Learned counsel for the applicant submits that the applicanthas been falsely implicated in this case. He further submitsthat the applicant is in jail since 24-10-2017 and the trial willtake sufficient time to be concluded, therefore, he may beenlarged on bail.has been falsely implicated in this case. He further submitsthat the applicant is in jail since 24-10-2017 and the trial willtake sufficient time to be concluded, therefore, he may beenlarged on bail.
4. Per contra, learned State Counsel opposes the bailapplication. application.
5. Having regard to the fact that the seizure has already beenmade from the applicant and further taking into the fact thatthe applicant is jail since 24-10-2017, this Court is of theopinion that present is a fit case, in which, the applicantshould be enlarged on regular bail. made from the applicant and further taking into the fact thatthe applicant is jail since 24-10-2017, this Court is of theopinion that present is a fit case, in which, the applicantshould be enlarged on regular bail.
6. Accordingly, the bail application filed under Section 439 ofthe Cr.P.C. is allowed.the Cr.P.C. is allowed.
7. It is directed that applicant shall be released on bail on hisfurnishing a personal bond in the sum of Rs.20,000/- with onesurety in the like sum to the satisfaction of the concernedtrial Court, for his appearance as and when directed.furnishing a personal bond in the sum of Rs.20,000/- with onesurety in the like sum to the satisfaction of the concernedtrial Court, for his appearance as and when directed.
8. C.C. today.
Sd/-
(Ram Prasanna Sharma) Winter Holiday Judge