Ashok Kumar Sinha @ Vinod Sinha v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5778 of 2020

1. Ashok Kumar Sinha @ Vinod Sinha S/o Late Muniram Prasad Aged About 40 Years R/o Chimni Bhattha, Korba Police Station Korba District Korba Chhattisgarh ---- Applicant

Versus

1. The State Of Chhattisgarh Through The Police Station Kotwali District Korba Chhattisgarh ---- Respondent For Applicant Mr. Punit Ruparel, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. Govt. Advocate (Proceedings through Video Conferencing) Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 3/11/2020

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.559/2020 registered at Police Station Kotwali, District Korba (CG), for the offence punishable under Sections 457, 380 & 411 read with Section 34 of the Indian Penal Code.

3. Applicant has committed theft of electrical goods and other articles from a project undertaken by the Municipal Corporation, Korba at Gevra.

4. Learned counsel appearing for the State, per contra, would oppose the bail application on submission that the applicant has previous antecedents of committing similar nature of crime whereas learned

counsel for the applicant would submit that the co-accused namely; Mohammad Abu Nasar @ Indu, Meer Abdul Hasan & Mohd. Mustak @ Gudda, have been released on bail by common order dated 19-8-2020 passed in MCRC Nos.5262, 5185 & 5270 of 2020, respectively.

5. Considering the entire facts situation of the case, particularly considering the fact that the co-accused have already been released on bail and also looking to the fact that the applicant is in jail since 20-7-2020, I am of the opinion that present is a fit case to release the applicant on regular bail with the following conditions :- • he shall appear before the concerned Police Station on First and Fifteenth day of every month during the pendency of trial;

• he shall not get involved in any criminal offence during the pendency of trial;

• registration of any criminal case against him would entail automatic withdrawal/ cancellation of this bail order and the concerned Police shall be entitled to arrest him immediately on registration of fresh criminal case against him after informing the trial Magistrate;

• the applicant shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court; and • he shall appear before the trial Court on each and every date given by the said Court.

6. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge