Gyansai @ Bansi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5082 of 2020 • Gyansai @ Bansi, S/o. Kanni Lal, Aged about 26 years, R/o. Village Bakna Khurd PS Dhourpur, District Surguja CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Chouki Bariyon Police Station Rajpur, district BalrampurRamanujganj CG ---- Respondent For Applicant : Shri Jitendra Shrivastava, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 19/08/2020 The applicant has filed this 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. 115/2020 registered at (Police Chouki-Bariyon) police station Rajpur District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 457 and 380 IPC. As per prosecution case, report was lodged by the complainant alleging that the applicant entered his house and had stolen mobile worth Rs. 11,700/-.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 11.07.2020; 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. 50,000/- 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