High Court Common Judgment Bench allowed regular bail to applicants detained in connection with a theft case. The court directed release upon furnishing a Rs. 20,000 personal bond with sureties.
Release on bail upon furnishing a personal bond of Rs. 20,000 with one surety each in the like sum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6474 of 2018
---- Applicants
Versus
---- Respondent
| For Applicants | : Shri Sandeep Dubey, Advocate |
|---|---|
| For Respondent | : Shri S.P.Kale, Dy.AG |
Hon'ble Smt. Justice Rajani Dubey
Order On Board
28/09/2018
The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 101/2018 registered at police station Ambikapur (dehat) Gandhi Nagar, District Surguja (CG) for the offence punishable under Sections 380, 454 & 34 IPC.
As per prosecution case, on 7.5.18, report was lodged by the complainant that after breaking the lock, some unknown persons had committed theft of silver coins, utensils, gold ornaments and cash of Rs. 5,00,000/-.
Counsel for the applicants submits that the applicants are innocent and they have been falsely implicated. He submits that the applicants are in jail since 15.05.18 and the trial will take time for final disposal and therefore they may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicants, I am inclined to release them on bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicants' furnishing a personal bond of Rs. 20,000/- with one surety each in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail.
Sd/-
(Rajani Dubey) Judge
suguna
2 issues framed by the court
Whether an application under Section 439 CrPC for regular bail should be allowed given the nature of allegations and duration of custody.
Whether the applicants can be released on bail upon furnishing a personal bond with sureties.
1 provisions across 1 enactments
Hira Shekh & Ors.
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
