Umesh Kumar Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2062 of 2020 • Umesh Kumar Sahu S/o Anteshwar Sahu, aged about 27 years, R/o Village Karma, P.S. Dumariya, District Gaya (Bihar), at present R/o Virendra Nagar, Saraipali, District Mahasamund, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh, Through : The Station House OfÏcerr, Police Station-Saraipali, District-Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Raghvendra Pradhan, Adv.
For Respondent/State : Mr. Ayaz Naved, G.A.
Hon'ble Smt. Justice Rajani Dubey Order on Board 16/06/2020
1. 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. 47/2020 registered at Police Station Saraipali, DistrictMahasamund (C.G.) for the offence punishable under Sections 409 and 120 of the IPC.
2. The prosecution story in brief is that, the applicant was posted as Supervisor in Foreign Liquor Shop and he along with co-accused Manish Kumar Dwivedi has misappropriated an amount of sale proceeds of Rs. 17,97,110/- in respect of shop in relation to the dated 07/08/09/02/2020, which was not deposited by the applicant in Bank and neither submitted by him in the police station and the co-accused Manish Kumar was also working in salesmen in the said shop. Based on this offence has been registered against the present applicant and another co-accused person.
3. 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 main allegation is
against the co-accused person Manish Kumar Dwivedi. He next submits that the applicant is in jail since 16.02.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.
4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature, therefore, no case is made out for grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the main allegation is against the another co-accused Manish Kumar and the applicant is in jail since 16.02.2020, 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. 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.
8. 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