LAXMAN Vs. STATE OF C G

JUDGEMENT

(1.) HEARD . The applicant has preferred this application under section 439 of the Cr.P.C, for grant of bail. He is accused in Crime No. 347/2005 registered at Police Station : Purani Basti, Distt. Raipur for commission of offence punishable under Section 457, 380 of the IPC. It is alleged that in the intervening night of 26/27-10-2005, some unknown thieves committed house breaking and theft in the shop of Laxmi Jewellers and stolen ornaments of Gold and Silver. The matter was reported on 27-10-2005. On 23-1-2006 on the memorandum, some ornaments have been seized from the applicant and he was arrested. Thereafter, again on 4-2-2006, some golden ornaments have been seized from the applicant. On identification, ornaments have been identified by Mahendra Jain. Learned counsel for applicant contended that the applicant is innocent and he has been falsely implicated in the case. No thief will keep the articles of theft for such long time in his possession. Even otherwise, when the applicant was taken into custody on 23-1 -2006, how it was possible for police to again recover the ornaments from him on 4-2-2006. The case is triable by Magistrate First Class and applicant is unnecessary under detention for the last 5 months. Learned counsel for the State opposed the bail application and stated that articles of theft have been recovered from the accused. Taking into consideration all the facts and circumstances of the case, without expressing any opinion on merit, it is directed that if the applicant, abiding with additional following conditions, furnishes a personal bond of Rs. 15,000/- (Rupees fifteen thousand) with two sureties in the like sum to the satisfaction of the concerned Court for his regular appearance before the concerned Courts as and when so directed, he be released on bail.