Vivek Kumar v. State Of Chhattisgarh,
M.Cr.C. No. 5655 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) M.Cr.C. No. 5655 of 2021 • Vivek Kumar Son of Kedar Ram, aged about 23 years, R/o. Tata Line, Suryanagar, Shanti Niwas, Camp-2, Bhilai, Police Station Vaishalinagar, Tahsil and District Durg (C.G.) ---- Applicant
Versus
• State of Chhattisgarh, Through : The District Magistrate Durg, District Durg (C.G.) ---- State/Non-Applicant For Applicant :
Shri Deepak Kumar, Advocate For Non-Applicant/State :
Shri Chitendra Singh, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 24.08.2021
1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 07.06.2021 in connection with Crime No. 99/2021 registered in Police Station- Vaishalinagar, District Durg (CG), for the offence punishable under Section 380 of IPC.
2. As per the prosecution story in brief is that on 31.05.2021, complainant Raj Kumar Sharma has lodged the written report stating therein that he kept his mobile on the Sofa of the house and gone for eating the meal at about 09:30 in the night, at that time, the unknown person has stolen his mobile. The police has registered the crime for the offence under Section 380 of IPC.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 07.06.2021, charge-sheet has already been filed and due to Covid-19 pandemic, trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.
4. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application.
M.Cr.C. No. 5655 of 2021
5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the detention period of the applicant who is 23 years old, the fact that there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels, charge-sheet has already been filed and due to covid-19 pandemic, conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.
6. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv. he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v. he shall not involve himself in any offence of similar nature in future.
7. Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar nature of offence.
Sd/- (Gautam Chourdiya) Judge vatti