High Court Of ChhattisgarhMCRC/2209/2020allowed

Pratapsingh v. State Of Chhattisgarh

2020-04-20Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2209 of 2020

1. Pratapsingh S/o Darasingh Aged About 48 Years R/o Gurudwara Colony Dugda, P.S. Dugda, District Bokaro (Jharkhand).

At Present R/o Arjun Nagar, Ward No. 19 Bhilai, P.S. Chhawni, District Durg Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, P.S. Saja, District Bemetara Chhattisgarh. ---- Respondent For Applicant Mr. Suresh Kumar Verma, Advocate For Respondent /State Mr. Vivek Ranjan Tiwari, Addl. Adv.

General Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 20/4/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.4/2020, registered at Police Station Saja, Dist. Bemetara (CG) for the offence punishable under Sections 379 of the Indian Penal Code.

3. Allegation against the applicant is that he committed theft of hiva truck bearing registration No.CG-04-JD-9602 belonging to the complainant Kumar Sahu.

4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He would submit that nothing has been seized from the possession of the applicant.

5. Learned counsel appearing for the State would oppose the bail application.

6. Considering the fact that the offence is triable by the Judicial Magistrate First Class and further considering the fact the applicant is in jail since 25-2-2020, I am of the opinion that present is a fit case to release the applicant on regular bail.

7. Accordingly, the bail application M.Cr.C.No.2209 of 2020 is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with two local sureties in the like amount to the satisfaction of the concerned on duty remand Magistrate. He is directed to appear before the trial Court on each and every date given by the said Court.

8. Consequently, I.A.No.1 application for grant of ad-interim bail, I.A.No.2 application for urgent hearing during the Lockdown period due to outbreak of COVID-19 Pandemic and I.A.No.3 application for exemption for filing certified copy of the order dated 20-3-2020 of the Court below, stand disposed of.

9. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri