Jitendra Maravi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 315 of 2020 • Jitendra Maravi S/o Bhagbali Maravi Aged About 24 Years R/o Village Amatra, Police Station Koni, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Takhatpur, District (Revenue And Civil) Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Anand Kesharwani, Advocate For Respondent :

Shri Anil Tripathi, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 28/02/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.187/2019 (not mentioned in order sheet), registered at Police Station - Takhatpur, District (Revenue & Civil) - Bilaspur (C.G.) for the offence punishable under Sections 392, 411 and 394 IPC.

2.

The allegation against the present applicant is that on 16.06.2019 at 9.30 pm, the applicant assaulted complainant namely Sapana Dwivedi and looted her mobile phone. During investigation, the accused/applicant was arrested and on his memorandum statement the looted article i.e. phone has been seized from the person whom it was sold by the applicant. Based on this, offence has been registered. The present applicant has been taken into custody on 27.08.2019.

3.

Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that the applicant is ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed by the Court. It is next submitted that the applicant is in custody since 27.08.2019, he has no criminal antecedent, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 27.08.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till the final disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde