Ravi Nirmalkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2307 of 2021 • Ravi Nirmalkar, S/o Ishwar Nirmalkar, Aged About 20 Years, R/o Shankar Nagar, Durg, Tahsil & District Durg Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through: The District Magistrate Durg Chhattisgarh.

---- Respondent For Applicant : Mr. Praveen K. Dhurandhar, Adv.

For Respondent/State : Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02.06.2021

1. The matter is heard through video conferencing.

2. 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. 302/2020 registered at Police Station- Mohan Nagar, District Durg (C.G.) for the offence punishable under Sections 394, 34 of IPC & Section 25 of Arms Act.

3. The prosecution story, in brief is that, it has been alleged that present applicant along with other co-accused persons has committed loot of sarees worth Rs. 3,000/- and cash of Rs. 1,000/-. Thereafter, offence has been registered against the present applicant.

4. 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 main accused person has been granted bail in MCRC No. 8779/2020 by this Court. He next added that the applicant is in jail since 28.09.2020 there is no likelihood of his case being decided in near future, therefore, the

present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence committed by the applicant is of serious in nature, and, therefore, no case is made out for grant of bail.

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

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that main accused person has been granted bail in MCRC No. 8779/2020 by this Court and applicant is in jail since 28.09.2020, 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.

8. 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) Vacation Judge Ruchi