Chandrashekar Avanna v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3477 of 2020 • Chandrashekhar Avanna Aged about 34 years, S/o Avanna Talloli, R/o Ambalpur, Narasgali Bijapur, District Bijapur, 586203 Karnatka. ---- Applicant

Versus

• State of Chhattisgarh Through the Station House Officer, Police Station D.D. Nagar, District Raipur (C.G.) ---- Respondent For Applicant.

:

Mr. Vivek Sharma, Advocate.

For Respondent/State :

Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 14.08.2020

1. Heard.

2. Admit.

3. The applicant has filed this Second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 416/2019 registered at Police Station :D.D. Nagar, District Raipur (C.G.) for the offence punishable under Sections 419, 420 & 120-B of the IPC.

4. The first bail application of the applicant was dismissed as withdrawn on 11.02.2020 passed in MCRC No. 188/2020 and a liberty was given to file the same after examination of the material witnesses.

5. As per the prosecution case, the allegation against the present applicant is that he along with co-accused searched the vehicle of the complainant and seized Rs. 26,50,000/- from him by impersonating themselves as Crime Branch OfÏcers. Based on this, offence has been registered against the applicant and he has been arrested

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the co-accused namely Ankit Mishra has already been granted bail by this Court on 11.02.2020 passed in MCRC No. 469/2020. He next contended that the applicant is in jail since 01.12.2019, due to the pandemic disease COVID -19, there is no possibility of expeditious trial, he ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

7. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

8. I have heard learned Counsel for the parties.

9. Considering the facts and circumstances of the case, the detention period of the applicant, and further considering that the co-accused has already been granted bail by this Court, as the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

10. Accordingly, the bail application is allowed. 11.It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 1,00,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu