High Court Of ChhattisgarhMCRC/2327/2020allowed

Sanjay Kumar Sainik v. State Of Chhattisgarh

2020-04-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2327 of 2020 Sanjay Kumar Sainik S/o Gopal Prasad Sainik Aged About 53 Years R/o Village Tumgaon, Thana- Tumgaon, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Thana Bhilai Bhatti, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For Applicant :

Ms. Swati Verma, Advocate For State :

Shri H.S. Ahulwalia, Dy. A.G.

S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/04/2020 Heard.

1. The applicant has been arrested in connection with Crime No.16 of 2020 registered at Police Station- Bhilai Bhatti, District- Durg (CG), for alleged commission of offence under Sections 380, 120-B IPC.

2. Case of the prosecution, in brief, is that the applicant is involved in theft of huge quantity of copper wire of value of more than Rs.64 lakh.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. It is submitted that investigation is complete, charge sheet has been filed and the applicant is in jail since 20.1.2020, therefore, at this stage, he may be released on bail.

4. On the other hand, learned counsel for the State opposed the application. He submits that looking to the huge quantity of copper wire seized, the application may be rejected.

5. Taking into consideration the nature of allegation, maximum sentence that

-2could be awarded and that investigation is complete, charge sheet has been filed and further that the applicant is in jail since 20.1.2020 and not likely to abscond, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen