Arman Mansuri v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2151 of 2020 • Arman Mansuri S/o Shri Murtaja Ali, aged about 20 years, R/o village Mayapur, P.S. Ambikapur, District Surguja (C.G.) ---- Petitioner
Versus
• State Of Chhattisgarh Through - Police Station Sadar, Ambikapur, District Surguja, Chhattisgarh ---- Respondent For Applicant :
Ms. Soniya Kuldeep, Advocate For Respondent :
Shri Gagan Tiwari, Dy.G.A.
Hon'ble Smt Justice Rajani Dubey Order on Board 29/05/2020 1.
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.63/2020, registered at Police Station - Sadar, Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 392/34 IPC.
2.
The prosecution story, in brief, is that the applicant along with co-accused snatched the mobile of complainant and thereby committed theft. Based on this, offence has been registered. The present applicant has been taken into custody on 23.01.2020.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She further submits that the applicant has been implicated in the
case just because his motorcycle has been used in the crime. She also submits that the present applicant is in custody since 23.01.2020 and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.
4.
On the other hand, learned counsel for the State opposed the bail application.
5.
I have heard learned counsel for the parties and perused the record.
6.
Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that the applicant is in custody since 23.01.2020 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.
7.
Accordingly, the bail application is allowed. 8.
It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till the final disposal of the trial. 9.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds 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 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.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Pekde