Mahesh Katle vs. State Of Chhattisgarh

Held

The Court allowed the bail application. The Court considered the totality of the facts and circumstances, the quality of evidence, and the fact that the applicant had been in custody since March 22, 2021. It was also noted that the disposal of the case might take some time. Therefore, the Court was of the opinion that the applicant should be enlarged on regular bail. The applicant was ordered to be released on bail upon executing a personal bond of Rs. 1,00,000/- with one solvent surety for the like amount to the satisfaction of the trial court. The applicant is required to appear before the trial court as and when directed until the disposal of the trial. The application for hearing during summer vacation was also disposed of.

Facts

The applicant, Mahesh Katle, a driver, was arrested on March 22, 2021, in connection with an offense registered under Section 41(1+4) of Cr.P.C. and Section 379 IPC. The allegation is that he was found transporting scrap valued at Rs. 1,62,000/- without valid documents. The applicant claims innocence, stating he was transporting the scrap on the directions of the scrap owner, who possesses a legal license for the scrap business and has provided bills with GST numbers. The applicant has been in custody since his arrest and argues that the trial is unlikely to conclude soon.

Key Issues

1. Whether the applicant is entitled to be released on regular bail under Section 439 of the Code of Criminal Procedure, considering the nature of the offense and the period of custody, and the alleged lack of valid documents for the transported goods. Contentions: Petitioner: The applicant is innocent and falsely implicated. He was merely a driver acting on the instructions of the scrap owner, who has a valid license and GST-compliant bills for the scrap. He has been in custody since March 22, 2021, and the trial is unlikely to be decided in the near future, warranting his release on bail. Respondent (State): The State opposed the bail application.