Praveen Prasad Sharma v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5611 of 2021 1.
Praveen Prasad Sharma S/o Mohan Prasad Sharma, Aged About 25 Years, R/o Village Madeli, Chowki Birjher, Police Station And Tahsil Kurud, District Dhamtari (C.G.). ---- Applicant
Versus
1.
State Of Chhattisgarh, Through Office-In Charge, Chowki Birjher Police Station Kurud, District Dhamtari (C.G.). ---- Non-Applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate.
For Non-Applicant/State : Mr. Chitendra Singh, Panel Lawyer. Hon'ble Shri Justice Gautam Chourdiya Order on Board 19/08/2021 1) The matter is heard through Video Conferencing. 2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 21/06/2021 in connection with Crime No. 200/2021 registered at Chowki Birjher, Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Section 457, 380, 34 of Indian Penal Code.
3) Allegation against the present applicant is that in the second and third week of December 2020 at about 8-9 PM and in the month of January 2021 he alongwith other co-accused Lursingh @ Ashish Sahu, Gajendra @ Bittu and Devendra Sahu entered the Pump House of the complainant Palesh Kumar Sahu by breaking open the lock of the Pump House and committed theft of Battery & Inverter of Livfast Company, Auto Machine, Starter, Cable Wire, Circuit, PTZ Camera & Jio Wifi total amounting Rs. 24,000/-. On report being lodged to the above effect, the
aforesaid offence has been registered against the accused person.
4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that charge sheet has been filed and the applicant is in jail since 21/06/2021 and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail. 5) On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedents.
6) Heard learned counsel for the parties.
7) Considering the facts and circumstances of the case, the nature of allegation against the present applicant, the detention period of the applicant who is 25 years old, charge sheet has already been filed, the offence is triable by Magistrate, the fact that the applicant has no criminal antecedents, there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the 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 from disclosing such fact to the Court, ii.
he shall not act in any manner which will be prejudicial to fair and expeditious trial, 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 Govt./State Govt./Local Authority, v.
he shall not involve himself in any offence of similar nature in future.
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 offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant