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Jitendra Kumar Vagle v. State of Chhattisgarh

Chhattisgarh HC3 Apr 2024MCRC/1409/2024

Case brief

AI extract

What is this about?

MCRC No. 1409 of 2024; High Court of Chhattisgarh Bilaspur; Jitendra Kumar Vagle v. State of Chhattisgarh; Justice Parth Prateem Sahu; 04/04/2024; regular bail; Section 439 CrPC; Sections 379, 411, 120(B), 34 IPC 1860; Crime No. 651 of 2023 PS City Kotwali Balodabazar; theft of aluminium wire from transformer; chargesheet filed; bail bond Rs. 25,000/-; seizure Rs. 8,500/-; criminal antecedents; bail conditions; advocate Seema Singh; panel lawyer K. K. Baharani.

What did the court decide?

Regular bail granted; applicant to be released upon furnishing bail bond of Rs. 25,000/- with one surety in the like sum, subject to conditions (regular appearance before Trial Court, no tampering with prosecution witnesses, State free to apply for cancellation of bail if involved in similar offence in future). ¶25

Jitendra Kumar Vagle Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, arrested in Crime No. 651 of 2023 (Sections 379, 411, 120(B), 34 IPC) and in custody since 18.01.2024 with chargesheet filed, should be enlarged on regular bail under Section 439 CrPC.

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Court's answer

Taking into consideration the facts and circumstances of the case, nature of allegation, submissions of counsel for the respective parties, and that investigation is completed and chargesheet is filed, the Court is inclined to enlarge the applicant on bail, without commenting on merits of the case.

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Ratio / Principle

The bail application is allowed; the applicant shall be released on regular bail upon furnishing a bail bond of Rs. 25,000/- with one surety in the like sum, subject to conditions of regular appearance before the Trial Court, non-tampering with prosecution witnesses, and availability of the State to apply for cancellation of bail if he is found involved in a similar offence in future.

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Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (MCRC No. 1409 of 2024, decided 04/04/2024, Justice Parth Prateem Sahu): First regular bail application under Section 439 CrPC of Jitendra Kumar Vagle, arrested in Crime No. 651 of 2023, PS City Kotwali Balodabazar, for theft of about 200 kg aluminium wire from a transformer punishable under Sections 379, 411, 120(B), 34 IPC 1860. Counsel argued false implication, noting seizure of a tool, cash of Rs. 8,500/- and a car was effected from a house at Village Risda where the applicant does not reside; State did not dispute this but cited four other criminal antecedents. As investigation was complete and chargesheet filed, and without commenting on merits, the Court allowed the application and directed release on regular bail on a bail bond of Rs. 25,000/- with one surety, subject to conditions of regular appearance, non-tampering with prosecution witnesses, and liberty of the State to seek cancellation of bail if the applicant is found involved in a similar offence in future.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1409 of 2024

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Jitendra Kumar Vagle S/o Saroj Kumar Vagle Aged About 31 Years R/o Village Mohbhattha, Police Station And Tahsil Bilha, District : Bilaspur, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Out Post Karhibazar, Police Station City Kotwali Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh.

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---- Non-Applicant

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For Applicant : Ms. Seema Singh, Advocate For State : Mr. K. K. Baharani, Panel Lawyer

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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04/04/2024

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he was arrested in connection with Crime No. 651 of 2023 registered at Police Station City Kotwali Balodabazar, District – Balodabazar-Bhatapara (C.G.) for offence punishable under Sections 379, 411, 120(B), 34 of I.P.C., 1860.

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Case of the prosecution, in brief, is that, employees of the Electricity Department have lodged report, that some unknown persons have committed theft of aluminium wire weighing about 200 kilo gram from transformer, based upon which, aforementioned crime was registered against unknown person. During investigation, applicant was arrested.

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Learned counsel for applicant submits that applicant is innocent

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and has not committed any offence. He has been falsely implicated in the aforementioned crime. After recording memorandum statement in one crime, he has been made accused in other four crimes also of the year 2024 of similar nature. The applicant is resident of village Mohbhattha. Seizure of one tool and cash of Rs. 8,500/- as also one car has been shown from possession of applicant, however, the said seizure is made from the house at Risda of which applicant is not resident of. False implication is prima facie appearing from the seizure memo itself. Applicant is in jail since 18.01.2024 and chargesheet is filed, hence, he may be enlarged on bail.

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Learned State counsel opposes the submission made by learned counsel for applicant and submits. However he do not dispute the submission of learned counsel for applicant that address of applicant is shown as village Mohbhattha, however, in the seizure memo, seizure has been made from the house at Village Risda. He further submits that there are four other criminal antecedent again applicant.

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Upon asking learned counsel for State about the date of arrest shown in those crimes, he submits that as per information received, applicant has been shown arrested on 18.01.2024 and 17.01.2024.

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I have heard learned counsel for the parties.

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Taking into consideration facts and circumstances of the case, nature of allegation, submission of counsel for the respective

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parties, and further that investigation is completed and chargesheet is filed, without commenting on merits of the case, I am inclined to enlarge the applicant on bail.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that -

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