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Judgment
This is the first bail application seeking for grant of bail to the Applicant who is in jail since 21.05.2018 in connection with Crime No.187 of 2018
registered at Police Station Kota, outpost Belgahna, Distt. Bilaspur for the offence punishable under Sections 454 and 380 IPC.
As per prosecution case, the applicant is said to have stolen cash amount worth Rs.7,00,000/- from the house of her uncle. Of the said amount of
Rs.7 Lakhs, she is said to have paid Rs.5 Lakhs to co-accused, her friend, and Rs.2 Lakhs she had retained. Subsequently during the course of
investigation the applicant has given memorandum statement wherein she has narrated the entire facts under which she decided to commit theft. On
the basis of the memorandum statement recovery has been made from the possession of the applicant of Rs.1,80,000/- in cash and on the basis of
same memorandum, the balance amount of Rs.5,00,000/- was recovered from the possession of co-accused which establishes commission of offence.
Learned Counsel for the applicant submits that it is a case where the present applicant has been be-fooled by the co-accused who intended to have
a major share of the theft that she had committed and in the process they shared the booty inasmuch as Rs.2,00,000/-wad retained by her and
remaining amount of Rs.5,00,000/- was retained by the co-accused. Further, the present applicant is not a hardcore criminal, she is a student and
therefore, the applicant be released on bail.
The State counsel however opposes the application and submits that it is a case where the applicant has stolen the cash amount from the house of
her uncle which on her memorandum was recovered from her own possession. Thus, prayed for rejection of the bail application.
Without commenting on merits, considering the totality of the facts and circumstances of the case particularly taking note of the age of the applicant
who is a student, further she is not a hardcore criminal, the applicant seem to have been carried away from the assurance that the co-accused had
given and also considering the fact that there is no past antecedent of any criminal activity against the applicant, this Court is of the opinion that the
present is a fit case where the Applicant can be enlarged on bail.
Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a
sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for appearance as and when directed.