Narendra Suryawanshi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4859 of 2021 1.
Narendra Suryawanshi S/o Shiv Kumar Suryawanshi, Aged About 25 Years, Resident Of Devrikala, Post Bharni, Police Station Sakri, District Bilaspur (C.G.).
---- Applicant
Versus
1.
State Of Chhattisgarh, Through Police Station In-charge, Police Station Sakri, District Bilaspur (C.G.).
---- Non-Applicant For Applicant : Mr. Vikas Shrivastava, Advocate.
For Non-Applicant/State : Ms. Deepti Shukla, Panel Lawyer. Hon'ble Justice Shri Gautam Chourdiya Order on Board 29/07/2021 1) The matter is heard through Video Conferencing. 2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 23/06/2021 in connection with Istagasha No. 03/2021 registered at Police Station Sakri, District Bilaspur (C.G.) for the offence punishable under Section 379 of Indian Penal Code and under Section 41(1-4) of Cr.P.C.
3) As per prosecution case, the present applicant was found in possession of a motorcycle HF Delux which was stolen on 23/05/2021, for the purpose of sale. On the memorandum of accused applicant, two other stolen motorcycles were also seized from him. On report being lodged to the above effect, the aforesaid offence has been registered against the accused persons.
4) Learned counsel for the applicant submits that the applicant has
been falsely implicated in the crime in question. He submits that applicant is in jail since 23/06/2021, there is no criminal antecedents against the applicant and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail. 5) On the other hand, learned counsel for the State opposes the bail application. However, she submits that applicant has no criminal antecedents.
6) Heard learned counsel for the parties.
7) Considering the facts and circumstances of the case, the detention period of the applicant who is 25 years old, offence is triable by Magistrate, the applicant is the young offender having no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.
he shall not act in any manner which will be prejudicial to fair and expeditious trial, iii.
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, iv.
he shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority, v.
he shall not involve himself in any offence of similar nature in future.
Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant