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Ramesh Meda vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 12 May 2021 · Citation: (2021) 05 CHH CK 0010

HON’BLE JUDGES
Rajani Dubey, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 380, 457 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1829 Of 2021
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Judgment

19 paragraphs · 352 words

Rajani Dubey, J

1.

The applicant has preferred this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested

in connection with Crime No.234/2020, registered at Police Station - Darri, District Korba (C.G.) for the offence punishable under Sections 457 and

380 IPC.

2.

The allegation against the present applicant is that in the night intervening 03-04/10/2020, he committed theft of one purse and mobile phone in the

house of complainant when he was not present in his house. During investigation, memorandum statement of co-accused person has been recorded,

based on this, offence has been registered against the present applicant. The present applicant has been taken into custody on 03.11.2020.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He also submits that the applicant

has been implicated in the crime in question only on the basis of memorandum statement of co-accused person. He also submits that Rs.500/- and one

iron rod has been seized from the present applicant. He next submits that the applicant is in custody since 03.11.2020, there is no likelihood of his being

decided in near future and, therefore, he may be released on regular bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody

since 03.11.2020, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed.

8.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one local surety for the like

amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

9.

I.A. No.02/2021, for hearing during summer vacation also stands disposed of.