Allowed

Shiva Kumar Chandravanshi v. State of Chhattisgarh

Chhattisgarh HC11 Feb 2024MCRC/147/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court of Chhattisgarh granted regular bail to the applicant who was arrested in a theft case. The court noted that despite a charge sheet being filed, no direct allegation of theft was made against the applicant in the co-accused's statement.

What did the court decide?

Applicant to be released on regular bail upon furnishing a personal bail bond of Rs. 25,000 with one local surety of the same amount.

Shiva Kumar Chandravanshi Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 147 of 2024

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Shiva Kumar Chandravanshi S/o Beni Madhav Chandravanshi Aged About 23 Years R/o Near Gayatri Mandir, Kawardha, Thana - City Kotwali District - Kawardha, Kabirdham, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station - Civil Line, Bilaspur, District - Bilaspur, Chhattisgarh.

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---- Respondent For Applicant : Mr. Sanjay Agrawal, Advocate For State : Ms. Nand Kumari Kashyap, Panel Lawyer For Complainant : Ms. Payal Jain, Advocate on behalf of Mr. Pragalbha Sharma, Advocate

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board

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12/02/2024

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Applicant has filed this bail application under Section 439 of Cr.P.C. for grant of regular bail as he was arrested in connection with Crime No. 777 of 2023 registered at Police Station – Civil Line, Bilaspur, for offence punishable under Sections 457, 380, 413, 34 of IPC.

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Case of the prosecution, in brief, is that one Harsh Agrawal lodged report to the concerned police station on 19.08.2023 alleging that on 18.08.2023 he closed his shop at about 9:30 pm and when he reached the shop on the next day morning i.e. 19.08.2023, he found that lock of the shutter of the shop was

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broken and upon search, he found that sum of Rs.1,15,000/- is theft from his shop, similarly Rs.10,000/-, Rs.20,000/-, Rs.4,000/- from other nearby shops. Based on the report, aforementioned crime was registered and during investigation, applicant was arrested on 28.09.2023.

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Learned counsel for applicant submits that the applicant has not committed any offence. He has been implicated in the crime only on the basis of memorandum statement of co-accused Lokesh Sahu. He contented that even from the allegation made in the memorandum statement of co-accused, it is appearing that in some cases of theft, co-accused used to hand over the theft articles to applicant for the purpose of selling and returning the sale amount to the co-accused Lokesh after keeping his share. There is no allegation in the instant crime that applicant has handed over any theft amount to applicant. In one another crime where co-accused Lokesh has committed theft and alleged that the theft articles was handed over to applicant for purpose of sale, applicant is enlarged on bail by the Court of Metropolitan Magistrate, New Delhi, vide order dated 15.01.2024. Copy the order is placed before this Court for perusal.

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Learned State counsel opposed the submission made by learned counsel for applicant. However, she do not dispute the submission of learned counsel for the applicant that in the instant crime, there is theft of cash amount and there is no averment in the memorandum statement that co-accused has

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handed over any theft amount to applicant.

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Learned counsel for the complainant submits that she is having no objection in grant of bail to the applicant.

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Taking into consideration the facts and circumstances of the case, nature of allegation, in particular the submission of learned counsel for the applicant that there is no allegation of commission of theft against the applicant in instant case, he is in jail since 28.09.2023, investigation is complete, charge sheet has been filed, without commenting anything on merit 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 on his furnishing a personal bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court on the conditions that:-.

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a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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b) Applicant shall not, in any manner, tamper with the prosecution witnesses.

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Certified copy as per rules.

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Sd/-------/-/(Parth Prateem Sahu) Judge

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Praveen

Shiva Kumar Chandravanshi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shiva Kumar Chandravanshi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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