Chattisgarh High Court
Naeem Baksh vs State Of Chhattisgarh on 16 December, 2021
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 7548 of 2021
Naeem Baksh Son Of Hussain Baksh Aged About 28 Years R/o.
Kelabadi, District Durg (Chhattisgarh), District : Durg, Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through The District Magistrate, Rajnandgaon,
District Rajnandgaon (Chhattisgarh), District : Rajnandgaon,
Chhattisgarh
---- Respondent
For Applicant : Shri Praveen Dhurandhar, Advocate
For Non-applicant : Shri Sudhir Sahu, Panel Lawyer
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
16/12/2021
1. Applicant has filed this application under Section 439 of Cr.P.C.
for grant of regular bail as he has been arrested in connection
with Crime No.218/2021 registered at Police Station
-Khairagarh, District- Rajnandgaon (CG) for the offence
punishable under Sections 457, 380, 34 of IPC.
2. Case of prosecution is that one Narayan Prasad Verma lodged
report on 23.6.2021 stating therein that some unknown persons
have committed theft of LG 32 inches LED TV. Based on the
report, FIR was registered and during course of investigation,
police seized 32 inches LG LED TV from possession of Mohit
and Sagar and they were arrested on 13.7.2021.
3. Learned counsel for the applicant would submit that as per the
charge sheet, seizure of theft article/TV is seized from
possession of co-accused Mohit and Sagar on 25.6.2021, but
they were not arrested on the same day, but they were arrested
on 13.7.2021 for the reason best known to the investigating
agency. He also submits that there is no seizure of any theft
article from possession of present applicant but he was also
implicated in the crime only on the basis of suspicion as the
similar nature of crime was registered against him in the year
2019. Applicant has been made accused in all the three crime
registered in the same police station. He also submits that
applicant has placed on record certified copies of judgment of
acquittal of all six cases registered in the year 2019 in MCRC
No.7527 of 2021 Applicant is in jail 13.7.2021, offence is triable
by Magistrate, Hence he may be enlarged on bail.
4. Learned counsel for the State opposes the submissions of
learned counsel for the applicant and would submit that based
on the report, during course of investigation, TV was seized from
possession of co-accused Mohit and Sagar. However, he do not
dispute submission of learned counsel for applicant that though
seizure of theft TV has been made on 25.6.2021 but on that day,
co-accused from whose possession TV has been seized has not
been arrested and they have been arrested only on 13.7.2021.
5. I have heard learned counsel for the parties.
6. Taking into consideration the facts and circumstances of the
case, nature of allegations, submission of learned counsel for
the applicant that the applicant is acquitted in all other six cases
registered against him in the year 2019 based on certified copy
of judgments passed by Judicial Magistrate First Class, Durg,
placed on record in MCRC No.7527 of 2021, there is no seizure
of any theft article from possession of applicant, he is in jail
since 13.7.2021, offence to be triable by Magistrate, I am
inclined to allow the bail application.
7. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail upon his furnishing a
bail bond in the sum of Rs.25,000/- with one surety in the like
sum to the satisfaction of the Court on the conditions that:-
a) Applicant shall appear before the trial Court regularly on
each and every date, unless exempted from appearance.
b) Applicant shall not, in any manner, tamper with the
prosecution witnesses.
c) If the applicant is found involved in similar offence in the
future, it will be open for the State to apply for cancellation of
Bail.
Certified copy as per rules.
Sd/--/---/-/-
(Parth Prateem Sahu)
Judge
Praveen
