Darasingh Mandavi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6159 of 2020 • Darasingh Mandavi S/o Madan Mandavi Aged About 45 Years R/o Mahima Sagar Ward Dhamtari, Police Station And District Dhamtari Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Vishrampuri, District Dhamtari Chhattisgarh.

---- Respondent ___________________________________________________________________ For Applicant :

Shri Sanjay Kumar Agrawal, 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 04.08.2020, on the allegation of having committed offence under Sections 420, 34, 385, 201 of I.P.C. He moved this application for grant of bail in connection with Crime No. 42/2020 registered at Police Station- Vishrampuri, District- Dhamtari (C.G.).

3. Prosecution case is that the applicant treated in the name of playing witchcraft assuring a child and Rs. 5,000/- and jewellary were taken away from the victim.

4. Learned counsel for the applicant would argue that the false allegation has been levelled against the applicant, he did not assure any result as claimed by the complainant nor any money has been taken. He would submit that investigation is complete, charge-sheet has been filed and as the offence is not punishable with life imprisonment and alleged offence is not a heinous work, therefore, at this stage, he may be granted bail.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that prima-facie case is made out on account of recovery of

jewellary and cash from the possession of the applicant.

6. I have heard learned counsel for the parties and taking into consideration the nature of allegations and the total amount of cash and jewellary according to the prosecution is about Rs. 64,000/- at this stage, I am inclined to grant bail.

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