High Court Of ChhattisgarhMCRC/5506/2020allowed

Vishal Banjare v. State Of Chhattisgarh

2020-10-08Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Vishal Banjare S/o Prahlad Banjare Aged About 18 Years R/o Salhewar Para Dhamtari, Tahsil And District Dhamtari, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh ---- Respondent For Applicant Mr. Anil Gulati, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 8/10/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.477/2019 registered at Police Station City Kotwali, Dhamtari, District Dhamtari (CG) for the offence punishable under Sections 457,

380 r/w 34 of the IPC.

3. The applicant has committed theft in the house of complainant Baldev Soni and stolen gold & silver ornaments, pen-drive, ear phone and cash of Rs.80,000/-, during the intervening night of 29th and 30th of October 2019.

4. Learned counsel for the State would oppose the prayer for grant of bail and inform that the applicant has one more case of similar nature registered against him.

5. Considering that the applicant is in jail since 3.11.2019 i.e. for more than 11 months; the offences are triable by the Judicial Magistrate First Class; and the charge sheet has already been filed, this Court is inclined to release the applicant on bail on the following conditions :

(i) the applicant shall appear before the concerned Police Station on first day of every month during pendency of the trial; (ii) if the applicant commits any other offence of similar nature during pendency of the present trial, this bail order shall automatically lose its efÏcacy and in that event, the concerned Police shall be entitled to arrest the applicant upon submitting information to the trial Magistrate;

(iii) the applicant shall furnish a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court;

(iv) the applicant shall appear before the trial Court on each and every date given by the said Court.

6. Accordingly, the bail application is allowed.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna