Monu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5799 of 2020 • Monu S/o Late Manharan Dhimar Aged About 24 Years Occupation Labour, R/o Village Mohgaon, Tahsil And Police Station - Saja, District Bemetara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Saja, District Bemetara Chhattisgarh ---- Respondent For Applicant :

Shri Awadh Tripathi, Advocate For State :

Shri Alok Bakshi, Addl. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/10/2020 Heard.

1.

The applicant has been arrested in connection with Crime No.122/20 registered at Police Station - Saja, District - Bemetara (C.G.) for alleged commission of offences under Section 379, 457, 380 of IPC and 41 (1-4) of CrPC. 2.

Prosecution case is that the applicant is involved in theft of various electronic devices including photo copy machine, CPU, Computer etc. 3.

Learned counsel for the applicant would submit that only on the basis of suspicion, the applicant is involved in the alleged commission of offence. It is submitted that no articles have been seized from the possession of the applicant. He further submits that investigation is complete, charge sheet has been filed and the applicant is in jail since 17/07/2020. Therefore, at this stage, the applicant may be granted bail.

4.

On the other hand, learned State counsel submits that the manner in which the other co-accused involved in theft of valuables are involved, shows that the applicant is

a habitual offender involved in number of theft, as from his possession, various electronic items, photo copy machine, computer etc have been seized. Therefore, no case of grant of bail is made out.

5.

Taking into consideration the submission of learned counsel for the parties, material on record and also taking into consideration that investigation is complete, charge sheet has been filed, I am inclined to grant bail to the applicant. 6.

Accordingly, the 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 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) He shall not make any attempt to tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti