Karan Chalak vs State

Court of the Principal District & Sessions Judge, Dumka B.P.

No.81/2023 CNR: JHDM01-000783-2023 Karan Chalak Vs.

The State Sl.

No.

Date of order of proceeding Order with the signature of the Court Office action taken with date 02.

15.03.2023 The present regular bail petition filed u/s.

439 Cr.

P.C. on behalf of the accused petitioner namely Karan Chalak, who is in judicial custody since 29.10.2022 in connection with Dumka (T) P.S.

Case No.250/2022, U/s.

379, 414 of I.P.C., pending in the court of the learned C.J.M., Dumka, is pressed today for hearing.

Heard the learned counsel for the petitioner and learned P.P.

I/c for the State.

The case of prosecution in brief is that on 28.10.2022 at about 11:00 P.M. in the night, the LED light and other articles were stolen away from the house of the informant, on suspicion informant went to the roof and saw that some persons were fleeing, then he raised alarm and informed to Town P.S.

Thereafter with the help of neighbourers, one of the thieves was apprehended.

On interrogation, the apprehended person disclosed his name as Karan Chalak (petitioner).

It is further alleged that some days earlier LED TV and set up box of beston company was also stolen away and informant believes that these thieves might have stolen the said articles.

By advancing the plea of false implication and total innocence, it is submitted on behalf of the accused petitioner that the petitioner is innocent and has not committed any offence and he has been implicated in this case out of suspicion.

It is further submitted - 2 - B.P.

No.81/23 Sl.

Date of order of proceeding Order with the signature of the Court Office action taken with date Contd…..

15.03.2023 that no incriminating article was recovered from his physical possession and he has got no criminal antecedent.

Further submitted that the co-accused has already been granted bail by the order of this court.

Lastly, it is submitted that the petitioner is lying in jail since 29.10. nce 29.10.22, therefore, he may be set at liberty by granting bail to him.

The learned P.P.

I/c has vehemently opposed the prayer for bail of the petitioner.

I have considered the respective submissions of the learned counsel of the petitioner and the learned P.P.

I/c and also carefully examined the materials available on the record.

As per learned counsel of the petitioner, in this case charge has been framed against the accused persons including the petitioner and case is fixed for evidence.

Moreover, the co-accused has already been granted bail by this court and the petitioner is lying in jail since 29.10.2022.

Considering the above facts and custody period of the petitioner, I am inclined to enlarge the petitioner on bail.

Accordingly, the petitioner namely Karan Chalak is hereby directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below.(Dictated) (Anil Kumar Mishra) Sessions Judge, Dumka