Suraj Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.4142 of 2020 Suraj Sahu S/o Kedar Sahu Aged About 19 Years R/o Rajiv Nagar Tahsil And District Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, City Kotwali, Durg Chhattisgarh ---- Respondent For Applicant :

Shri Krishna Tandon, Advocate For Respondent/State :

Shri Adil Minhaj, G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/08/2020 Heard.

1. The applicant has been arrested in connection with Crime No.111 of 2020 registered at Police Station- City Kotwali, Durg District Durg (CG) for the alleged commission of offence under Section 392 of IPC.

2. Case of the prosecution is that the complainant was holding cash of Rs.10,000/- at the time of marriage ceremony of his daughter and at this time, the applicant came in and dropped away cash from his hand and eloped.

3. Learned counsel for the applicant submits that applicant has been falsely implicated and he has not committed any offence. It is submitted that there is no identification parade of the applicant. Recovery of cash is not that of the victim. It is further submitted that investigation is complete, charge-sheet has been filed and the applicant is in jail since 12.02.2020 and there is no likelihood of early conclusion of trial. Therefore, the applicant may be granted bail.

4. On the other hand, learned counsel for the State opposes the prayer and submits that upon investigation made and the applicant being suspect was caught hold of and from his possession, looted cash of Rs.10,000/- , Adhaar Card of the victim and bag were recovered.

-25. Taking into consideration the allegation, amount involved and that there is no allegation of use of any weapon or any injury and further taking into consideration that the applicant is in jail since 12.02.2020, trial is not likelihood to conclude early, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha