Ishwar Prasad Sao v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2678 of 2020 • Ishwar Prasad Sao S/o Late Keshav Prasad Sao Aged About 25 Years R/o Village Kudumkela, P.S. And Tahsil Gharghoda, District Raigarh, Civil And Revenue District Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Officer-In-Charge, Police StationPunjipathara, District Raigarh, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant :

Shri Ashutosh Mishra, Advocate For Respondent/State :

Shri K.K. Singh, Govt. Advocate -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 15.5.2020 1.

Heard.

2.

Admit.

3.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.12/2020, registered at Police Station Punjipathara, District Raigarh(CG) for the offence punishable under Sections 420, 467, 468, 120B, 34, 379, 201 of the IPC.

4.

As per the case of prosecution, the applicant along with director of Megha Tansport Trilochabn Patnaik and his Supervisor Deepak Kumar conspired for the illegal transportation of coal through trailor bearing No.OD 15G 1549 and CG 15G 5001 from Jampali coal mines and transported 71 Metric Tonnes of Coal from the mines amounting to Rs.1,84,000/-.

5.

Learned counsel for the applicant submits the applicant is innocent and he has not committed any offence and he has been falsely implicated in the case. He submits that the

applicant is an employee and he has worked on instructions. He submits that the applicant is in custody since 26.2.2020 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

6.

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

7.

Perused the entire material available on record. 8.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and yet charge sheet has not been filed and trial may take some time for its final disposal, I am of the opinion that present is a fit case to release the applicant on bail.

9.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

10.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

11.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita