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High Court Of ChhattisgarhMCRC/490/2020allowed

Sagar Netam v. The State Of Chhattisgarh

2020-03-05Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 490 of 2020 • Sagar Netam, S/o Sampad Ram Netam, Aged About 34 Years, By Caste Gond, R/o Village Tikrapara, Thana, Tahsil & District - Kanker Chhattisgarh.

----Applicant

Versus

• The State of Chhattisgarh Through Police Station- Kanker District- Uttar Bastar Kanker Chhattisgarh.

---- Respondent For Applicant : Mr. Parag Kotecha, Adv.

For Respondent/State : Ms. Reena Singh, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 05.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 428/2019 registered at Police Station- Kanker, District- Kanker (C.G.) for the offence punishable under Section 379 of IPC

2. The prosecution story, in brief is that, it was an allegation that present applicant stole the motorcycle of the complainant. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is no previous antecedent registered against the present applicant and the applicant is in jail since 02.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State 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, and further considering the facts that the applicant is in jail since 02.01.2020 and 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. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi