High Court Of ChhattisgarhMCRC/6160/2020rejected

Lalla Mahant @ Jitendra Das, v. State Of Chhattisgarh

2020-12-11Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6160 of 2020 • Lalla Mahant @ Jitendra Das, S/o Shri Kalidas, Aged About 22 Years, R/o Village Dongaghat, P.S. & Tehsil Champa, Distt.- Janjgir-Champa, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Janjgir, Distt.- JanjgirChampa (Chhattisgarh). ---- Respondent For Applicant : Mr. Ashutosh Trivedi, Adv.

For Respondent/State : Mr. Sameer Uraon, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 11.12.2020

1. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 217/2020 registered at Police StationJanjgir, Distt.- Janjgir-Champa, (C.G.) for the offence punishable under Sections 457, 380, 511, 427, 34 of IPC.

2. The first bail application of the applicant was dismissed vide order dated 15.07.2020 by this Hon'ble Court.

3. The prosecution story, in brief is that, in the night of 30.04.2020, the applicant along with other co-accused persons broke the shutter of the Punjab National Bank, Madwa, District- Janjgir-Champa (C.G.) and entered the Bank and cut the power of CCTV cameras and broke the almirah and tried to commit theft of the Bank money. The

applicant was caught by the villagers in the Bank and thereafter he was arrested on the spot. Based on this, offence has been registered. Present applicant has been taken into custody on 30.04.2020.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 30.04.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that one more case of same nature is registered against the applicant and the offence committed by the applicant, is of serious in nature, therefore, it is not a fit case to release him on bail.

6. I have heard learned counsel for the parties and material available on record.

7. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

8. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Ruchi