High Court Of ChhattisgarhMCRC/4141/2020allowed

Gyanendra Patel v. State Of Chhattisgarh

2020-08-31Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4141 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4141 of 2020 • Gyanendra Patel S/o Gulab Singh, Aged About 23 Years R/o S.F. Colony, Durg, Tahsil And District Durg Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bhilai Nagar, District Durg Chhattisgarh ---- Respondent For Applicant :- Mr. Hemant Kumar Agrawal, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 31/08/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.154/2020 registered in Police Station Bhilai Nagar, Civil and Revenue District Durg C.G. for the offence punishable under Section 392, 34 of the I.P.C.

3. Case of the prosecution, in brief, is that the applicant along with co- accused namely; Nitesh Rajput has snatched golden necklace from complainant K. Ishwaramma at about 06:45 am on 28.08.2019, when she was on morning walk.

MCRC No. 4141 of 2020

4. The applicant is involved in about 07 cases of similar nature out of which in 04 cases he has been released on bail.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering the delay of about six months in lodging the FIR and for the fact that in the present case, the applicant is in jail since 23.03.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on bail on condition, amongst other, that the applicant shall appear before the concerned Police on 1st and 15th day of every month during pendency of trial. Further, if the applicant is found to be involved in other criminal cases during pendency of the trial, this bail order shall loose its efficacy and the concerned Police shall be entitled to arrest the applicant upon information of the concerned trail Magistrate.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹50,000/- with one surety for 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.

SD/- (Prashant Kumar Mishra) Judge Ayushi