Allowed

Kuleshwar Sahu v. State of Chhattisgarh

Chhattisgarh HC25 Sept 2019MCRC/5295/2019

Case brief

AI extract

What is this about?

Single judge High Court allowed bail application under Section 439 CrPC for an 18-year-old accused charged with theft. Court granted bail considering applicant's innocence claim, lack of criminal antecedents, young age, and pendency of trial. Order discharged applicant from custody subject to bond and appearance before trial court.

What did the court decide?

Released on bail on furnishing personal bond of Rs. 25,000 with one surety in like sum to produce before the concerned trial court as directed.

Kuleshwar Sahu Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2019)

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Page No.1

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 5295 of 2019

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Kuleshwar Sahu, S/o Pardeshi Sahu, Aged About 18 Years, 7 Months, R/o Village Chandkhuri, Police Station Pulgaon, District Durg Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station Newai, District Durg Chhattisgarh.

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---- Respondent

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For Applicant For Respondent

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: Mr. P. R. Patankar, Advocate. : Mr. Jitendra Shukla, Panel Lawyer.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board

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25/09/2019

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This is the first 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.126/2019 registered at Police Station–Newai, District– Durg(C.G.) for the offence punishable under Sections 457, 380/34 of the Indian Penal Code.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 28.5.2019. He has not committed any offence. Charge-sheet has been filed, hence, it is prayed that he may be enlarged on regular bail.

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Learned State counsel opposes the bail application and submissions made in this respect.

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Page No.2

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Heard both the parties and perused the case diary.

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According to prosecution case, theft of gold and silver jewelery was committed in the house of the complainant by unknown person. During investigation, this applicant was apprehended and interrogated and at his instance, recovery of some jewelery of gold and silver was made from his possession of worth Rs.21,500/-. Similarly, recovery of other articles have been made from one co-accused person.

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Considering that this applicant does not have any criminal antecedent and his age is only 18 years, further, the case is now pending for trial. Therefore, I feel inclined to allow the application of this applicant.

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Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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Nisha

Kuleshwar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kuleshwar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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