Marcus Kindo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6193 of 2020 • Marcus Kindo S/o Late Vishram Kindo, Aged About 34 Years Caste Uraon, R/o Bagichapara, Batauli, Police Station and Tahsil Batauli, District Surguja Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Batauli, District Surguja Chhattisgarh.

---- Respondent ___________________________________________________________________ For Applicant :

Shri R.V. Ram Rajwade, Advocate For State :

Shri Ravish Verma, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/10/2020

1. Heard on application for grant of bail.

2. The applicant has been arrested on 17.07.2020, on the allegation of having committed offence under Sections 295, 429, 457, 380 of I.P.C. He moved this application for grant of bail in connection with Crime No. 60/2020 registered at Police Station- Batauli, District- Surguja (C.G.).

3. Prosecution case is that the applicant committed theft of one cattle belonging to the complainant and killed it.

4. Learned counsel for the applicant would argue that the complainant lodged a report against the present applicant only on the basis of suspicion because of existence of dispute and there is no any other evidence to connect the applicant in this case. He would further submit that neither the cattle was seen in the possession of the applicant nor the dead body of the cattle was found in the house of the complainant.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that the complainant has clearly stated that he and the applicant had dispute and it was out of this dispute that the applicant took away his

cattle and killed it.

6. I have heard learned counsel for the parties and taking into consideration that involvement of the applicant is based on suspicion. Further taking into consideration that investigation is complete, charge-sheet has been filed and the applicant is in jail since 17.07.2020 and maximum punishment is imposed for commission of offence, I am inclined to grant bail to the present applicant.

7. Accordingly, the bail 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/- with one local sureties 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) The applicant shall not in any manner, tamper with the prosecution witnesses.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Nadim