Jitendra @ Jittu vs State of C.G.

Sunil Kumar Sinha, J.—Heard.

This is an application filed u/s 439 of Code of Criminal Procedure for grant of regular bail to the Applicant, who has been arrested in connection with Crime No. 148/2009, registered at Police Station Saraswati Nagar, District Raipur (G.G.), for commission of the offence punishable Under Sections 457 & 380/34 of IPC.

The case of the prosecution is that complainant Amarnath Pathak has shifted to his new house along with his household articles. He has transported his articles, including suitcase, through Auto-Rickshaw of co-accused Vishamber Singh. Applicant Jitendra was also engaged in shifting. Shifting has taken place on 5.7.2009. On 6.7.2009, the complainant came to know that one suitcase was missing among the articles. He lodged the report to concerned police station against unknown person. During the course of investigation, the Applicant was taken into custody and certain articles, belonging to the complainant, were seized at the instance of the Applicant on his discoveries. Certain articles were also seized at the instance of co-accused Vishamber Singh who was the Auto-Driver.

Mr. Ashok Verma, learned Counsel for the Applicant submits that the investigation in the matter has been completed and the charge-sheet has been filed. The Applicant is in jail since 9.7.2009. The offences are triable by the Magistrate and the disposal of the trial is likely to take some more time, therefore, the Applicant may be enlarged on regular bail.

On the other hand, learned Counsel for the State opposes the bail application.

Considering the facts and circumstances of the case, particularly the circumstance that the investigation in the matter has already been completed; the charge-sheet has been filed; the Applicant is in jail since 9.7.2009 & the disposal of the case is likely to take some more time, I am of the opinion that present is a fit case to enlarge the Applicant on regular bail.

Accordingly, his bail application filed u/s 439 Code of Criminal Procedure is allowed.

It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court on each date of hearing till the disposal of the trial.

Certified copy as per rules.