High Court of Chhattisgarh allowed bail to two applicants charged with theft under Sections 380/34 IPC, directing them to furnish a personal bond of Rs. 20,000 each with one surety for every applicant.
Release on bail upon furnishing a personal bond of Rs. 20,000 with one surety each of like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6533 of 2018
---- Applicants
Versus
---- Respondent
For Applicants : Shri Anil Gulati, Advocate For Respondent/State : Shri Ravindra Agrawal, GA
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. 84/2018 registered at police station Manendragarh, District Koriya (CG) for the offence punishable under Sections 457 & 380/34 IPC.
As per prosecution case, report was lodged by the complainant Anil Kumar Upadhyay that on 09.03.2018, some unknown person had committed theft of gold and silver ornaments from his house and on the basis of memorandum statement of the applicants, they have been arrested.
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 02.04.18 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
1 issue framed by the court
Whether bail should be granted to applicants charged with theft and到店 at Section 439 CrPC
2 provisions across 2 enactments
Luckky @ Sonu Sharma And Anr.
Sonu Sahu
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
