High Court Of ChhattisgarhMCRC/900/2020allowed

Suresh Kerketta v. State Of Chhattisgarh

2020-03-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 900 of 2020

1. Suresh Kerketta S/o Lal Mohan Kerketta, Aged About 24 Years Caste Lohar, R/o Karida, Police Station Raidih, District Gumla (Jharkhand).

---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Jashpur, District Jashpur Chhattisgarh ---- Respondent For Applicant Mr. Sanjeev Kumar Sahu, Advocate For Respondent /State Mr. K.K. Singh, Govt. Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/3/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.223/2019, registered at Police Station Jashpur, District Jashpur (CG) for the offence punishable under Sections 458, 395 & 397 of the Indian Penal Code and under Section 25 of the Arms Act.

3. About 4-5 unidentified persons committed dacoit in the house of the complainant Laxminiya Bai. On the memorandum statement of the applicant a mobile phone has been recovered

and on the basis of call details the police is treating to establish his involvement in the crime.

4. On a query being made as to whether Test Identification Parade (TIP) was conducted by the Investigating Officer, learned counsel appearing for the State, after going through the case diary, submits that the TIP has not been conducted.

5. Considering the fact that the applicant is in jail since 6.10.2019 and particularly considering the fact that TIP has not been conducted, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri