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High Court Of ChhattisgarhMCRC/4539/2021allowed

Naresh Sahu @ Purnanand v. State Of Chhattisgarh

2021-08-26Hon'Ble The Acting Chief Justice3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Naresh Sahu @ Purnanand S/o Ishwar Lal Aged About 24 Years R/o Ward No. 6, Dindayal Colony Tahsil And District- Raigarh, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Thana In-Charge, City Kotwali Raigarh, District-Raigarh, Chhattisgarh ---- Respondent For Applicant Mr. R. Tripathi, Advocate For Respondent /State Mr. Sudeep Agarwal, Dy. AG Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 26/8/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.773/2020 registered at Police Station Thana City Kotwali, District Raigarh (CG) for the offence punishable under Section 379 of the IPC.

3. The applicant has allegedly committed theft of Rs.2,40,000/- from the Dicky of the scooty belonging to complainant Renu Minj.

4. Learned counsel for the State would oppose the prayer for grant of bail. He submits that two more cases involving offence under Section 392 of the IPC, have been registered against the applicant.

5. Considering that the applicant is in jail since 8.5.2021 i.e. since more than 3 1⁄2 months; the offence is triable by the Judicial Magistrate First Class; and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail with the following conditions : (i) he shall appear before the concerned Police Station at 11:00 AM on first day of every month during the pendency of trial;

(ii) he shall not involve himself in any criminal offence during the pendency of trial;

(ii) registration of any criminal case against them would entail automatic withdrawal/cancellation of this bail order and the concerned Police shall be entitled to arrest them immediately on registration of fresh criminal case against them after informing the trial Magistrate; (iii) the applicant shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like amount to

the satisfaction of the trial Court; and (iv) he shall appear before the trial Court on each and every date given by the said Court.

Accordingly, the bail application is allowed. Certified copy as per rules.

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