High Court Of ChhattisgarhMCRC/575/2020allowed

Pawan Singh Gond v. State Of Chhattisgarh

2020-03-09Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 575 of 2020 • Pawan Singh Gond S/o Shri Ramesh Singh Gond Aged About 20 Years Resident Of Village- Bhandari, Bus Stand, Police Chauki-Kotami, Police Station- Pendra, Civil And Revenue District- Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House OfÏcer, Police Chauki-Jataga, Police Station- Katghora, Civil And Revenue District- Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Respondent For Applicant :

Shri P.M.Shrivas, Advocate.

For Respondent :

Shri Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/03/2020

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.303/2019 registered at Police Chauki- Jataga, P.S. Katghora, District Korba(C.G.) for the offence punishable under Section 392 of the IPC.

2. It is the case of the prosecution that the complainant lodged a report that his mobile phone has been snatched by unknown persons. On the basis of mobile Sim card, the phone was traced and the applicant along with other accused persons was arrested.

3. Learned counsel for the applicant submits that the applicant

is innocent and he has not committed any offence. He submits as there was some dispute between the applicant and the complainant on account of preparation of food, he has been falsely implicated in the case. He submits that applicant is in custody since 5.12.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the detention period of the applicant, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita