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 First bail application bearing MCRC No.1550 of 2024 was dismissed as withdrawn vide order dated 14.3.2024 with liberty to repeat the prayer after filing of charge-sheet.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 fal