Rohit Mukharjee v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5475 of 2020 Rohit Mukharjee son of Rajesh Mukharjee, aged about 21 years, resident of Dhebar City, Bhathagaon, Raipur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station DD Nagar,Raipur, District Raipur(CG) ---- Respondent ------------------------------------------------------------------------------------- For Applicant : Shri C.R. Sahu, Advocate For State/Respondent : Shri Rahul Jha, G.A.

-------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 29.09.2020 1.

The matter is heard through video conferencing. 2.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.200/2020, registered at Police Station D.D. Nagar, Raipur, District Raipur(CG) for the offence punishable under Sections 457, 380 of the IPC.

3.

Case of the prosecution is that the complainant has lodged a report that the applicant along with other co-accused has committed theft of mobile phones and accessories from the shop of the complainant by breaking the lock of the shop. 4.

Learned counsel for the applicant submits that the applicant is innocent and he has not committed any offence. He submits that the co-accused has been enlarged on by the trial court and the applicant is in jail since 26.6.2020 and trial may take some time for its final disposal, therefore, the applicant may be released on bail. 5.

On the other hand, learned State counsel opposes the bail application.

6.

I have heard learned counsel for the parties.

7.

Considering the totality of the facts and circumstances of the case and further considering the detention period of the applicant and trial is likely to take some time for its final disposal, I am inclined to release the applicant on regular bail. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said court as and when directed till the disposal of the trial. 9.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita