Allowed

Vrindavan Sona v. State of Chhattisgarh

Chhattisgarh HC7 Feb 2024MCRC/173/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh considered a bail application in a theft case involving Sections 439 CrPC and IPC offences 457, 380, 411, and 34. The applicant was arrested on a co-accused's memo; counsel argued involvement was limited to Section 411 (receiving stolen goods for melting). The court allowed bail on RX25,000 bond without commenting on merits.

What did the court decide?

Bail allowed on personal bond of Rs.25,000 with one surety in the like sum subject to conditions of appearing regularly and not tampering with witnesses.

Vrindavan Sona Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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Page No.1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 173 of 2024

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Vrindavan Sona S/o Shri Devanand Sona Aged About 35 Years Resident Of Bulk Para Railway New Colony Titlagarh, District Balangir, Orissa

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Raipur, District Raipur (C.G.)

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---- Respondent

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--------------------------------------------------------------------------------------------------For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Amit Verma, PL. ---------------------------------------------------------------------------------------------------

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

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08/02/2024

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This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.452/2023 registered at Police Station-City Kotwali Raipur, District Raipur (C.G.) for the offence punishable under Sections 457, 380, 411, 34 of Indian Penal Code.

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Case of the prosecution, in brief, is that in the intervening night 16^th & 17^th November, 2023 some persons entered into the house of the complainant and committed theft of 60-70 gm gold ornaments, 3-4 kg silver ornaments and cash of about Rs.8 lakh. Based on said report, aforementioned crime was registered against unknown persons and during investigation, co-accused persons Suraj Sona and Sunil Sona were arrested. On the basis of memorandum of coaccused persons, applicant was arrested on 28.11.2023.

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Page No.2

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Learned counsel for the applicant would submit that applicant is innocent and he has not committed any offence as alleged against him. Applicant has been made accused on the basis of memorandum statement of co-accused persons. He contended that even if the entire material available in the charge-sheet and allegation levelled against the applicant are taken on its face value, it is appearing that the allegation against the applicant is only under Section 411 of IPC as co-accused after alleged commission of theft has handed over the ornaments for its melting and for the said work he was also paid. Hence, he may be released on bail.

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Learned counsel for the State opposes the submission of learned counsel for applicant and would submit that from the possession of applicant theft ornaments were seized. He submits that in the memorandum statement of co-accused persons, it has come that after committing theft, they handed over stolen ornaments to the applicant for melting the same and for which they paid him money also.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances of the case, nature of allegation, period of detention; offence to be triable by JMFC, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, bail application is allowed and it is directed that applicant shall be released on bail, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

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he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance.

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Page No.3

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he shall not, in any manner, tamper with the prosecution witnesses.

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If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

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Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu) Judge

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Nisha

Vrindavan Sona v. State of Chhattisgarh

Case brief

What is this about?

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Vrindavan Sona v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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