Chiranjivi Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5164 of 2020 • Chiranjivi Verma. S/o. Jagendra Verma, Aged about 30 years, R/o. Ward No.15, In front of ITI Nagar Panchayat Berla, Police Station Berla, District Bemetara CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Dharsiva, district Raipur CG ---- Respondent For Applicant : Smt. Smita Jha, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 18/08/2020 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. 223/2020 registered at police station Dharsinva, District Raipur (CG) for the offence punishable under Sections 394,395,398 and 412 IPC and Sections 25 and 27 of the Arms Act.

As per prosecution case, report was lodged by the complainant alleging that on the date of incident when the complainant was transporting the truck loaded with iron blades of 25 tons from Prakash Industries Champa, on the way, the applicants stopped him and after threatening him, looted him of cash and the truck.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. She submits that the name of the accused does not find place in the FIR. She submits that the applicant is in jail since 25.06.2020; 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. 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