Pappu Anant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2112 of 2020 • Pappu Anant S/o Janku Anant Aged About 30 Years R/o Village Sonbandha, Police Station Takhatpur, District Bilaspur Chhattisgarh Present Address- Bhangdapara Sirgitti, Bilaspur, Tahsil And District Bilaspur, Chhattisgagh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Torwa, District Bilaspur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Aparajita Gayakwad, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 20/05/2020

1. Heard on admission.

2. Admit.

3. 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. 335/2019 registered at Police Station Torva, District-Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 34 of the IPC.

4. The prosecution story, in brief is that, on 25.12.2019, the complainant lodged a report that on intervening night of 34.10.2019 some unknown person was entered into Deepak Electronic Mobile Shop which is situated at Hemunagar Hall, Budhwari Bazar and committed theft of One L.E.D., 20 pieces of Mobiles of different company and 20 numbers of memory card, total cash worth of Rs. 80,000/-. On the basis of memorandum statement of the applicant one Samsung Mobile has been seized from the applicant. Based on this offence has been registered against the present applicant.

5. 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 the applicant is in jail since 10.12.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 10.12.2019, 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.

9. 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.

10. It is made clear that if the applicant has already been released on bail pursuant to the bail bond already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bond afresh and the bail bond already furnished shall be deemed to be the bail bond furnished in compliance of the order of this Court, but if he has not furnished the bail bond earlier, then he will be required to furnish bail bond within four weeks from today.

Sd/- (Rajani Dubey) Judge H.L. Sahu