Abhishek Mahant @ Chhotu Mahant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2809 of 2020 • Abhishek Mahant @ Chhotu Mahant S/o Shri Sukhdev Mahant Aged About 19 Years R/o Near Laxmanban Talab, Korba, Police Station Kotwali Korba, Tahsil And District Korba, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House OfÏcer, Police Station Kusmunda, District Korba, Chhattisgarh. ---- Respondent For Applicant :

Mr. Rishi Rahul Soni, Adv.

For Respondent/State :

Mr. Sunil Otwani, Addl. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02/06/2020

1. Heard on admission.

2. Admit.

3. 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. 260/2019 registered at Police Station Sarvamangala, DistrictKusmunda (C.G.) for the offence punishable under Sections 457 and 380 of the IPC.

4. The prosecution story in brief is that, complainant lodge an F.I.R., that in the intervening night between 25.07.2019 and 26.07.2019, complainant along with other family members were slept in their rooms. On the morning of 26.07.2019 her daughter-in-law told that lock of the box has been broken and jeweleries, cash and mobile are missed. During the investigation, on the basis of location of said mobile SIM the present applicant was arrested and on the basis of memorandum statement, said jeweleries and mobile phone were seized from the applicant. Based on this offence has been registered against the present applicant.

5. 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 applicant is in jail since 29.12.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

6. 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.

7. I have heard learned counsel for the parties and perused the case diary.

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 29.12.2019, 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.

9. 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.

10. 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