Jagga Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 374 of 2020 • Jagga Das S/o Tankdhar Das Aged About 22 Years R/o Village Bireskela, Police Station And Post Office- Boden, District Nuapada Odisha (As Per Charge Sheet).

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Amlipadar, District Gariyaband Chhattisgarh.

---- Respondent For Applicant :

Mr. Shivendu Pandya, Advocate.

For Respondent :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 25.02.2020 • The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 23/2014 registered at Police Station : Amlipadar, District Gariyaband (C.G.) for the offence punishable under Sections 395, 398, 342, 458/34 & 412 of the IPC and Sections 25 & 27 of the Arms Act. • The prosecution story in brief is that on 06.08.2014 some unknown persons entered the house of the complainant, threatened him and looted some ornaments & cash from the house of complainant. Based on this, after investigation, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He

would further submit that the present applicant has been alleged only on the basis of the memorandum statement of the co-accused person. Nothing has been seized from the present applicant and he is in jail since 12.10.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail. • On the other hand, State counsel strongly opposes the bail application of the applicant.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu