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Judgment
9 paragraphs · 363 wordsHeard.
This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.1693/2021 registered at Police Station City Kotwali, District Raigarh (CG) for the offence punishable under Sections 294, 506, 323, 392, 34 of the IPC.
The case of the prosecution is that when the complainant (driver) was going in the truck bearing registration No.CG 13 A D 2523 belonging to one Satish Kumar Choubey, to Singhal Factory, Punjipathra, two unknown persons stopped the truck and requested for lift. Thereafter, the said persons looted the mobile of the complainant, Rs.1000/- as also the truck. On the memorandum of the applicant, the aforesaid truck, Rs.1000/- and a mobile phone have been seized.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant did not take the truck anywhere and it was seized from the place of the incident itself. Learned counsel submits that the applicant is in jail since 6.12.2021, therefore, he prays for releasing the applicant on regular bail.
On the other hand, learned counsel for the State opposes the bail application. However, he submits that there is no criminal antecedent of the applicant.
Having heard learned counsel for the parties and also considering the allegations and further that there is no criminal antecedent of the applicant and the pre-trial detention of the applicant, I am inclined to release the applicant on regular bail.
Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
It is made clear that if the applicant is found involved in committing similar nature of offence in future, this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.
Certified copy as per rules.