Kishore Alias Chhotu Sahu v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2000 of 2020 • Kishore Alias Chhotu Sahu S/o Hemant Sahu, Aged About 25 Years R/o House No. 197, Village Sundra, Ward No. 15, Police Station Lalbagh, Rajnandgaon, Tehsil And District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through The Police Station Mohan Nagar, District - Durg Chhattisgarh ---- Respondent For Applicant : Shri S.S.Baghel, Advocate For Respondent/State : Shri Siddarth Dubey, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 11/06/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 09/2020 registered at police station Mohan Nagar, district Durg (CG) for the offence punishable under Sections 420,467,468,471 and 34 IPC.

As per prosecution case, report was lodged by the complainant alleging that the applicant along with other accused persons have committed fraud and took Rs. 28,000/- by giving false matrimonial advertisement.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that similarly placed coaccused persons have already been granted bail by this Court in M.Cr.C. No. 2539/2020 vide order dated 12.05.2020 and therefore the present applicant may also be granted the benefit. He further submits that the applicant is in jail since 30.01.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing 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 nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has

not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today.

Sd/- (Rajani Dubey) Judge suguna