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Judgment
16 paragraphs · 293 wordsThis is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has
been arrested in connection with Crime No.541/2017 registered at Police Station City Kotwali Bhatapara, District Balodabazar-Bhatapara (C.G.) for
the offence punishable under Sections 379 and 411 of the Indian Penal Code.
Case of the prosecution in brief is that the applicant has stolen the cell phone of Vinod Kumar Chandra and sold the same to other person thereby
he committed the aforesaid offence.
Learned counsel for the applicant would submit that the applicant has not committed any offence, he has been falsely implicated in crime in
question. The applicant is in custody since 15-12-2017, charge-sheet has already been filed and no useful purpose will be served by detaining him in
jail, therefore, he 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, pre-trial
detention of the applicant and the charge-sheet has already been filed, this Court is of the opinion that present is a fit case in which the applicant
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 applicant shall be released on bail on his
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 his appearance
as and when directed.