Applicant sought regular bail under S. 439 Cr.P.C. for alleged theft of a motorcycle. Rejected due to prior offences of similar nature (theft) registered against him at the station.
Application for regular bail under Section 439 Cr.P.C. is rejected.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3986 of 2024
---- Applicant
Versus
----Non-applicant
For Applicant – Mr. Akash Ahuja, Advocate. For Non-applicant/State – Mr. Santosh Kumar Soni, Govt. Advocate.
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
07-06-2024
2 . As per the prosecution case, on 10-01-2024 at about 4:00 p.m. the motorcycle of complainant Nihal Kumar bearing registration No.CG 12 AJ 7791 was stolen from Budhwari Bazaar, Dipka. On the report made by him the FIR has been registered against unknown person. During investigation the motorcycle has been seized from the present appellant in which the engine and chassis number were same, but its registration number has been changed. The applicant has been arrested for alleged offence of theft of the motorcycle.
3 . Learned counsel for the applicant would submit that the motorcycle has not been seized from him and he has taken the motorcycle from his friend to go to the market, but on the way police has seized the motorcycle. The applicant is in jail since 01-03-2024. The offence is triable by the Judicial
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Magistrate First Class. Therefore, he may be enlarged on bail.
(Ravindra Kumar Agrawal) Judge
Aadil
2 issues framed by the court
Whether the applicant is entitled to regular bail under Section 439 of the Cr.P.C. given his prior record of similar offences.
Whether the prosecution case of theft involving tampered registration numbers precludes bail.
2 provisions across 2 enactments
Shekh Asalam
State of Chhattisgarh Through District Magistrate, District Korba Chhattisgarh
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
