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High Court Of ChhattisgarhMCRC/685/2020allowed

Manish Basore v. State Of Chhattisgarh

2020-03-23Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 685 of 2020 • Manish Basore S/o Devi Prasad Basore @ Ajay Kumar @ Ajju Aged About 23 Years R/o Krishna Nagar, Ganesh Chowk, Nearby Malhar Bhawan, Supela, Police Station Supela, District Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Durg, District Durg, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. G.R. Burman, Advocate.

For Respondent/State :

Mr. H.S. Ahluvalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 806/2015 registered at Police Station Supela, District Durg (C.G.) for the offence punishable under Sections 392 of the IPC and Sections 25 & 27 of Arms Act.

2. As per the prosecution case, brief facts of the case are that complainant lodged a written report before the concerned police station alleging therein that while he was going to deposit the money, two persons came on black coloured pulsar motorcycle and looted the bag of money pointing the pistol on his head. Based on that, after investigation, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that nothing has been seized from the possession of present applicant, he is in jail since 10.06.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, looking to the detention period of the applicant i.e. since 10.06.2019 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court/Remand 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