High Court Of ChhattisgarhMCRC/5357/2020allowed

Santosh Meena v. The State Of Chhattisgarh

2020-10-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5357 of 2020 • Santosh Meena S/o Shri Vasudev Meena Aged About 20 Years R/o Village And Post Jharkkhadpur, Thana Patthalgaon, District Jashpur Chhattisgarh. ---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer, Police Station Dharamjaigarh District Raigarh Chhattisgarh.

---- Respondent ___________________________________________________________________ For Applicant :

Shri Sunil Sahu, Advocate For State :

Shri Alok Bakshi, Addl. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/10/2020

1. Heard on application for grant of bail.

2. The applicant has been arrested on 14.07.2020, on the allegation of having committed offence under Section 379 of I.P.C. He moved this application for grant of bail in connection with Crime No.118/2020 registered at Police Station- Dharamjaygarh, District- Raigarh (C.G.).

3. Prosecution case is that the applicant committed theft of Rs. 9750/- which belongs to the complainant.

4. Learned counsel for the applicant would argue that the applicant has been roped in a false charge, the applicant has not committed any offence and theft of Rs. 9750/- is false. Investigation is complete and the applicant is in jail since 14.07.2020, therefore, at this stage, he may be granted bail.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that hard earned money of the complainant was stolen in Covid19 virus Pandemic situation which meant the commission of offence is grave in nature, therefore, recovery of Rs.9750/- from the possession of the

applicant makes out prima facie case against him.

6. I have heard learned counsel for the parties and taking into consideration the nature of allegation, stolen amount, investigation is complete, charge-sheet has been filed and he is in jail since 14.07.2020, it is a fit case for grant of bail.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail, on his furnishing a personal bond in the sum of Rs.25,000/- with two local sureties for the like amount to the satisfaction of the Trial Court on the condition that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) The applicant shall not in any manner, tamper with the prosecution witnesses.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Nadim