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High Court Of ChhattisgarhMCRC/5016/2020allowed

Jagannath Manikpuri v. State Of Chhattisgarh

2020-11-19Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5016 of 2020 • Jagannath Manikpuri S/o Late Gyandas Manikpuri, Aged About 33 Years R/o In front Of P.H.E. Office Shivaji Nagar, Rudri Road, Dhamtari, District Dhamtari Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Of Police Station Arjuni, District Dhamtari Chhattisgarh. ---- Respondent For Applicant : Shri Ravindra Sharma, Advocate For Respondent/State : Ms. Veena Nair, Dy.AG Hon'ble Smt. Justice Rajani Dubey Order On Board 19/11/2020 The applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 329/2018 registered at police station Arjuni, district Dhamtari (CG) for the offence punishable under Sections 420, 409,467,468,470,471 and120-B/34 IPC. The first bail application filed by the applicant was dismissed as withdrawn with liberty to renew the same after examination of material witnesses vide order dated 25.02.2020 in M.Cr.C. No. 7784/2019. As per prosecution case, report was lodged by the complainant alleging that the applicant took amount of Rs. 16,17,370/- for paying towards electricity bill but was not deposited in the account of CSPDCL

and thus has misappropriated the said amount. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 05.08.2019; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 1,00,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna