Krishna Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5605 of 2020 • Krishna Nishad S/o Late Ganesh Nishad Aged About 23 Years R/o Bramdeipara, Near Kali Mandir, Khamtarai, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District : Raipur, Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant/s :

Mr. S.P. Sahu, Advocate.

For State :

Mr. Dinesh R.K. Tiwari, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/10/2020 Heard.

1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.351/2020 registered at Police Station- Khamtarai, District- Raipur, C.G. for the alleged commission of offence under Sections 457 & 380 of IPC.

2. Prosecution case is that the applicant committed theft of gold, silver jewellery and cash, total amounting to Rs.12,000/-. It is also submitted that applicant also committed theft of mobile, camera and other articles and the valuation of all the articles is 60,000/-.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case and false seizure has been made. He would submit that investigation is complete, charge sheet has been filed and applicant is in jail since 04.08.2020.

4. On the other hand, learned State Counsel opposes and submits that from the possession of the applicant, cash, camera and other stolen items have been seized, which, prima facie, involves the applicant in the alleged commission of offence.

5. Taking into consideration the submissions of learned counsel for the parties, particularly taking into consideration the valuation of alleged stolen articles seized from the possession of the applicant and further that the applicant is in jail since 04.08.2020, investigation is complete and charge sheet has been filed, at this stage, I am inclined to grant bail to the applicant.

6. 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/- along with one local surety of the like amount to the satisfaction of the Trial Court on the condition thata) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not in any manner, tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Ravi