High Court Of ChhattisgarhMCRC/5515/2020allowed

Marhaba Ali v. State Of Chhattisgarh

2020-10-08Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5515 of 2020 Marhaba Ali S/o Shri Manuvar Ali Aged About 46 Years R/o Ward No. 13, Dhobipara Khariyar Road Police Station Jonk District Nuapada Odisa Civil And Revenue District Nuapada Odisa India., District : Nuapada Orissa ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Mahasamund District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent For Applicant :

Shri Ajay Mishra, Advocate For State :

Shri Gagan Tiwari, Dy. Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/10/2020 Heard.

1. The applicant is arrested in connection with Crime No.374/2020 registered in Police Station -Mahasamund, District- Mahasamund (CG) for alleged commission of offence under Section 379/34 IPC.

2. Case of the prosecution, in brief, is that the applicant committed theft of Rs.4,200/-.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence. He has been falsely implicated in the case. He submits that the applicant is in jail since 26.7.2020 and his further custodial interrogation is not necessary. Therefore, it is prayed, the applicant may be released on bail.

4. On the other hand, learned counsel for the State opposed the bail application.

-25. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration the amount involved, the applicant is in jail since 26.7.2020 and that his further custodial interrogation does not appear to be necessary, I am inclined to allow the application.

6. The application is accordingly 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 for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/---/-/------ (Manindra Mohan Shrivastava) Judge Praveen