The High Court of Chhattisgarh allowed joint bail applications filed by two accused students alleged to have committed theft of certain property from a school. The court granted bail ensuring personal bonds.
Bail granted on furnishing a personal bond in the sum of Rs.25,000/- with one surety each.
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. 9787 of 2021
---- Applicant.
Versus
---- Respondent
WITH
MCRC No. 9824 of 2021
--- Petitioner.
Versus
--- Respondent.
CAUSE TITLE TAKEN FROM CIS PERIPHERY
| --------------------------------------- For Applicants |
-------------------------------------------------------- : Mr. Ajeet Kumar Yadav and Mr. Harish Khuntiya, Advocates. |
|---|---|
| For Respondents/State ------------------------------------------ |
: Mr. Afroz Khan and Mr. Shakti Singh Thakur, Panel Lawyers. ------------------------------------------------------------- |
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board
27.01.2022
As these first bail applications under Section 439 of Code of Criminal Procedure have been filed by the accused/applicants who are languishing in jail since 30.10.2021 and 31.10.2021, respectively, in connection with common Crime No.77/2021 registered at Police Station Narayanpur, District Jashpur for the offence punishable under
Sections 457, 380, 34 & 411 IPC registered against accused Dinesh Ram, and 380 & 457 registered against Basant Ram, they are being disposed of by this common order.
2. The prosecution story in nutshell is that on the date of incident i.e. 30.09.2021 complainant has lodged report in the concerned police station that some unknown persons have stolen the computer, desktop, ledger printer, football, cricket etc. from the school. On the basis of the above report, the offence was registered and during investigation, the present accused persons have been arrested.
4. Per contra, learned State counsel puts forth his vehement opposition to the prayer for bail.
5. Considering the submission of learned counsel for the parties, facts and circumstances of the case particularly, considering the nature of offence and that the accused/applicants are students, I am inclined to grant bail to the present accused/applicants.
Accordingly, the bail applications filed by the present accused/applicants are allowed and it is directed that on applicants' furnishing a personal bond in the sum of Rs.25,000/- with one surety
each to the satisfaction of the concerned Court, they shall be released on bail. The applicants however, shall ensure their appearance before the trial Court as and when so directed, till the disposal of the case. Order accordingly.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay
1 issue framed by the court
Whether the accused students are entitled to bail under Section 439 CrPC in a theft case triable by JMFC.
8 provisions across 2 enactments
Dinesh Ram
Basant Ram Yadav
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
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