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Judgment
16 paragraphs · 299 wordsThis is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have
been arrested in connection with Crime No.204/2017 registered at Police Station Out Post Chichola, P.S. Chhuriya, Rajnandgaon, District
Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380, 34 of the Indian Penal Code.
Case of the prosecution, in brief, is that the applicants have stolen two mobile phones, one wrist watch and cash of Rs.6000/- from the house of the
complainant and thereby committed the aforesaid offence.
Learned counsel for the applicants would submit that the applicants have not committed any offence and have been falsely implicated in the crime
in question. They are in jail since 07-01-2018. Charge-sheet has already been filed and no useful purpose will be served by detaining them in jail,
therefore, they may be released on regular bail.
On the other hand, learned counsel for the State would oppose the bail application.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, and the
fact that the applicants are in custody since 07-01-2018, this Court is of the opinion that present is a fit case in which the applicants should be enlarged
on regular bail.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each
of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for their
appearance as and when directed.
