High Court Of ChhattisgarhMCRC/5988/2020allowed

Monu v. State Of Chhattisgarh

2020-10-28Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Monu S/o Late Manharan Dhimar Aged About 25 Years Occupation Labour, R/o Village Mohgaon, Tahsil And Police Station Saja, District Bemetara Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Saja, District Bemetara Chhattisgarh ---- Respondent For Applicant Mr. Awadh Tripathi, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. GA Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 28/10/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Estgasa No.2/2020 registered at Police Station Saja, District Bemetara (CG) for the offence punishable under Sections 379, 457, 380/34 of the IPC and 41(1-4) of Cr.P.C.

3. On receipt of a secret information, the concerned Police

conducted a raid and arrested co-accused Upendra Dewangan, from whom, stolen motorcycle has been recovered. Upendra Dewangan informed the Police that he along with the applicant and other co-accused committed theft of motorcycle and other articles from different places at Dhamdha, Bemetara, Parpodi, Saja and Devkar during lock-down period. This applicant has been arrested on 17.7.2020 and from his possession, computer set, printer and xerox machine have been recovered, for which, he was not having any ownership documents.

4. Considering that the applicant is in jail since 17.7.2020 and the concerned SHO has not reported any criminal antecedent of his involvement in committing similar nature of offence as also for the reason that the offences are triable by the Judicial Magistrate First Class, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to 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 Shyna