High Court Of ChhattisgarhMCRC/6558/2020allowed

Abhishek Kumar Sahu v. State Of Chhattisgarh

2020-11-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6558 of 2020

1. Abhishek Kumar Sahu S/o Late Ramchandra Sahu Aged About 21 Years R/o Saket Colony, Ward No. 57, Katul Bod, District Durg Chhattisgarh. 491001 ---- Applicant

Versus

1. State Of Chhattisgarh Through District Magistrate, Durg District Durg Chhattisgarh.

---- Respondent For Applicant Mr. Jitendra Gupta, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. Govt. Advocate (Proceedings through Video Conferencing) Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/11/2020

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.159/2020 registered at Police Station Bhilai Nagar, District Durg (CG), for the offence punishable under Section 392 of the Indian Penal Code.

3. While two other accused have committed theft of golden chain, Mangalsutra, etc. from different victims the present applicant has allegedly purchased them as the stolen property has been recovered from him.

4. Considering the entire facts situation of the case, particularly considering the fact that the applicant is in jail since 23-3-2020;

the offence is triable by the Judicial Magistrate First Class; and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail with the following conditions :- • he shall appear before the concerned Police Station on first day of every month during the pendency of trial;

• he shall not get involved in any criminal offence during the pendency of trial;

• registration of any criminal case against him would entail automatic withdrawal/ cancellation of this bail order and the concerned Police shall be entitled to arrest him immediately on registration of fresh criminal case against him after informing the trial Magistrate;

• the applicant shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court; and • he shall appear before the trial Court on each and every date given by the said Court.

5. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge