Dhaneshwar Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1213 of 2020 • Dhaneshwar Das Manikpuri S/o Ishwar Das Manikpuri Aged About 23 Years R/o Behind Bus Stand, Khairagarh, Tehsil - Khairagarh, District - Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Khairagarh, District Rajnandgaon Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Rakesh Pandey, Advocate.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19.05.2020

1. 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. 391/2019 registered at Police Station : Khairagarh, District Rajnandgaon (C.G.) for the offence punishable under Sections 454, 380, 34 of IPC.

2. The prosecution story in brief is that complainant namely Dinesh Banjare had lodged complaint at concerned police station that on 24.10.2019, at night he heard the noise of opening of Almirah in his house, he and his wife woke up and caught the co-accused Bhupendra Patwa and on the basis of memorandum of Bhupendra Patwa, present applicant has been arrested.

3. Learned counsel for the applicant submits that the applicant

has been falsely implicated in the crime in question. He further submits that except memorandum of co-accused there is nothing against the present applicant. Applicant is in jail since 15.11.2019 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.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering that the applicant is in jail since 15.11.2019 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. 1,00,000/- with one 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