Order On Board

29/04/2024

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him. First bail application bearing MCRC No.1550 of 2024 was dismissed as withdrawn vide order dated 14.3.2024 with liberty to repeat the prayer after filing of charge-sheet.

2. Applicant is in custody in connection with Crime No.51/2024 registered at Police Station Kota,, District-Bilaspur(C.G.) for the offence punishable under Sections 457, 380, 327, 34 of Indian Penal Code.

3. Case of the prosecution, in brief, is that on 15.1.2024 the complainant employee of the Primary Health Centre, Belgahna lodged report in the concerned police-station that some unknown person have damaged the AC installed at window, CBC, analyzer machine and also committed theft of one inverter and battery. Based on said report, initially the crime was registered for offence under Sections 457, 380, 323 of IPC against unknown person. During investigation, co-accused Kaushal Kumar was arrested and on the basis of his memorandum statement, applicant was arrested.

4. Learned counsel for applicant would submit that applicant has been falsely implicated in instant crime. He has not committed any offence as alleged. The alleged seizure of inverter and batteries were not put to identification in order to ascertain that it is the same battery and inverter which are alleged to have been theft from Primary Health Centre. Applicant is in jail since 12.2.2024, hence, he may be enlarged on regular bail.

5. Learned counsel for the State opposes submissions of learned counsel for applicant and submits that during investigation, at the instance of applicant theft battery and inverter were seized. However, upon asking, whether it was put to identification or not, she submits that there is no such proceeding available in the case diary. She further submits that there is one criminal antecedent against applicant of similar nature. However, upon asking, she fairly submits that on the basis of memorandum statement co-accused Kaushal Kumar, applicant was made accused, arrested on 12.2.2024 and he was arrested in this crime on production warrant.

6. I have heard learned counsel for the parties.

7. Taking into consideration the facts and circumstances of case, nature of allegation, period of detention, offence to be triable by JMFC, investigation is complete, charge-sheet is filed, without commenting anything on merits of case, I am inclined to allow this bail application.

8. Accordingly, bail application is allowed and it is directed that 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 trial Court concerned on the conditions that;

• he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance.

• he shall not, in any manner, tamper with the prosecution witnesses.

• If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

Certified copy as per rules.