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High Court Of ChhattisgarhMCRC/4172/2021allowed

Mahesh Manhare @ Mansingh v. State Of Chhattisgarh

2021-08-04Hon'Ble The Acting Chief Justice2 pages

MCRC No.4172 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4172 of 2021

1. Mahesh Manhare @ Mansingh S/o Shri Shukhchand Manhare Aged About 21 Years R/o Ward No.13, Shikshak Nagar, Rajim Road, Abhanpur District Raipur Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Kurud (Out Post Birejhar) District Durg Chhattisgarh ---- Respondent For Applicant Mr. Avinash Chand Sahu, Advocate For Respondent /State Mr. Sudeep Agrawal, Dy. Adv. Gen.

(Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 4/8/2021 1.

Heard.

2.

The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.42/2020, registered at Police Station Kurud (Out Post Birejhar) District Durg (CG), for the offence under Section 397, 34 of the Indian Penal Code.

MCRC No.4172 of 2021 3.

Applicant assaulted the victim Jawahar Patel by knife and looted mobile valued at Rs.2,000/- and similarly looted cash of Rs.800/- from Deenu Patel in the incident which took place at 7.00 pm on 26-1-2020.

4.

The first bail application was dismissed as withdrawn with liberty to revive the prayer after examination of the victim Jawahar Patel.

5.

Considering the deposition of Jawahar Patel where he has not identified the applicant and for the fact that the applicant is in jail since 27-1-2020 i.e. for about one year seven months, I am of the opinion that present is a fit case to release the applicant on regular bail.

6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Gowri Acting Chief Justice