Santosh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4325 of 2020 • Santosh Sahu S/o Mahadev Sahu aged about 28 years, R/o T.V. Tower Road Raigarh, District-Raigarh, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through - The Station House OfÏcer, P.S. Chakradharnagar, District-Raigarh Chhattisgarh. ---- Respondent For Applicant :

Mr. Prabhat Kumar Saxena, Adv.

For Respondent/State :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18/08/2020

1. 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. 282/2015 registered at Police Station Chakradharnagar, DistrictRaigarh (C.G.) for the offence punishable under Sections 379 and 414 of the IPC.

2. The prosecution story, in brief is that, complainant Amrit Das Mahant has lodged a report that his motor cycle has been theft. During investigation it was found that 5 motor cycle has been seized from the present applicant. Based on this offence has been registered against the present applicant.

3. 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 03.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. 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; and there is a 5 cases of theft against the

present applicant, therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 03.06.2020, 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.

7. 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.

Sd/- (Rajani Dubey) Judge H.L. Sahu